MJM PARTNERS - Laserfiche WebLink

process, and offer its expertise in site price, and project architect and manager. 2. Financing Alternatives. At the conclusion of the feasibility analysis, City shall decide whether to proceed with the financing alternatives analysis. This stage may also include an appraisal of the land. In the financing alternatives analysis, City will explore with the consultant various financing strategies and optimal level of City involvement in the project. 3. Reimbursement. If for any reason the City chooses not to participate in the development of the golf course on the Property, Developer shall reimburse the City in its costs of the golf course feasibility study, financing alternatives analysis and/or site appraisal within 30 days of City's mailing an invoice to the Developer, providing, however, that the amount of the reimbursement shall not exceed Twenty Five Thousand Dollars ($25,000) plus expenses such as travel, meals, and mailing costs which shall not exceed One Thousand Five Hundred Dollars ($1, 500) . 4. Ownership of Studv. Provided the Developer, its successor, or assignee reimburses the City as stated in this Agreement, Developer shall have the right to use the feasibility study if the City does not participate in the golf course construction. If the City decides to participate in the golf course construction, the City shall be the owner of the study. 5. Collection. The City's right to reimbursement shall be personal to Developer and shall continue notwithstanding subsequent sale or transfer of the Exhibit A property. The reimbursement agreement may be recorded by the City and be a lien against the MJM Partners' property if the reimbursement is not paid. Reimbursement notice shall be mailed to: MJM Partners c/o J. Patrick Land Company 5627 Stoneridge Drive, #320 Pleasanton, California 94588 Developer may change the address of mailing by notice in writing to City, such notice to be effective upon receipt by the City. 6. Disputes. Disputes arising of this Agreement concerning costs or expenses shall be resolved by the City Manager. Any appeal of her decision shall be in writing addressed to the City Council. Final Council action shall be required before any suit is commenced in Superior Court based on this Agreement. The prevailing party in any action or proceeding shall be entitled to recover its reasonable attorneys' fees, in - 2 -