Monitoring and Fees – During the first five years of the Compliance Period, Plaintiffs may conduct semi-annual inspections of the City’s drawings and/or designs regarding the pedestrian rights of way, as well as the City’s pedestrian rights of way and facilities to monitor compliance. After such time, during the Compliance Period, expert inspections of drawings and/or designs and/or the condition of the pedestrian right of way may be conducted annually. Plaintiffs’ monitoring fees, costs and expenses, exclusive of any disputes resolved by the District Court, shall be paid out of the Annual Commitment and be capped as follows:
Years 1-5: $ 250,000 per year
Years 6-10: $ 135,000 per year
Years 11-15: $ 166,177 per year
Years 16-20: $ 191,602 per year
Years 21-25: $ 220,917 per year
Years 26-30: $ 254,716 per year
Maximum Total: $ 6,092,060
All requests for reasonable and necessary monitoring fees must be submitted to the City in writing and shall be subject to the same standard rules and procedures applicable to the City’s payment of attorneys’ fees and costs to outside counsel.
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