CC - Agendas - City Council - REGULAR - 8/14/2018

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WHEREAS, this Agreement contains and incorporates the total and entire agreement and understanding between the parties hereto. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: I. Chamberlain Development will deposit $98,491.00 with the City, to be held in a separate City account, within thirty (30) days of execution of this Agreement. These funds will be used by the City to make payment to the BLM for the City's Application for transportation and utility systems (roadway) on federal lands. It is expressly understood that Chamberlain Development will be responsible for the actual final costs/fees of the BLM application, whether those amounts are more than, or less than, the estimated $98,491.00. If the BLM application fee is greater than $98,491.00, Chamberlain Development will provide the City with the additional costs/fees, to again be placed in a separate City account, which additional costs/fees shall be paid by the City to the BLM. Chamberlain Development shall make this deposit within ten (10) days of receiving notice from the City of the final BLM application costs. If the amount of the actual BLM application costs/fees are less than $98,491.00, the City will reimburse Chamberlain Development within thirty (30) days of receiving the final receipt of actual costs/fees from the BLM. II. Chamberlain Development will be responsible for contracting for and obtaining any required National Environmental Policy Act ("NEPA") studies regarding its proposed roadway construction in the right-of-way on BLM lands that are the subject of the City's BLM application for transportation and utility systems (roadway) on federal lands. Chamberlain Development will be responsible for contracting for and obtaining any required Cultural and Biological Resources Inventory Reports regarding its proposed roadway construction in the right-of-way on BLM lands that are the subject of the City's BLM application for transportation and utility systems (roadway) on federal lands. IV. Chamberlain Development will build its proposed roadway on the BLM right-of- way to City of Prescott standards. V. Upon acceptance of the roadway improvements by the City, the roadway will be maintained in perpetuity by the City for public use.