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1996 Stamko Development - EIR Deposit & Receipt-r- � oz V � OF fN� Environmental Preparation Deposit and Receipt Agreement This Deposit and Receipt Agreement by and between the City of La Quinta ("City") and Stamko Development ("Stamko") is dated December 31, 1996. WHEREAS, pursuant to that certain Memorandum of Understanding ("MOU") approved by the City on November 19, 1996, certain expenditures by the City concerning the preparation of an EIR and the legal review of that document which must be performed prior to the approval of the proposed development agreement are the responsibility of Stamko; and WHEREAS, the City requires such payment prior to authorizing the work to be performed in the form of a deposit. The parties hereto agree as follows: 1. Stamko hereby tenders and the City accepts as a deposit in the amount of $98,925 towards payment of the preparation of the EIR as provided in the agreement with Impact Sciences. 2. Stamko hereby tenders and the City accepts the amount of $25,000 as a initial deposit towards the cost of legal review of the EIR. 3. Stamko acknowledges that the amounts herein are the best estimates and that actual costs may exceed these deposits and that Stamko shall be required to provide additional funds at such time as these deposits are seventy-five percent expended in the amount to be determined by the City as the current best estimate for completion of the work. 4. The City shall hold these funds solely for the above identified purposes and in the event it is determined by both parties that the work is no longer needed any funds not owed to the respective consultants shall be refunded to Stamko. 5. The funds shall be invested according to the City's standard investment policy and practice and any interest earned on the deposit amount shall be credited to the fund. 6. The City shall provide Stamko with copy of all invoices received by the EIR consultant (Impact Services). 7. This agreement shall not effect any terms of the MOU. "C ity" City Manager