08-13-1997 Council Agenda - Laserfiche WebLink

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Exhibit C AGREEmENNT azrers "*T oWNER /APPLICA1IT AND niE CITY OF LITTL% CANADA AS TO COSTS This Agreement, dated this 29th day of April , 1997 by and between the undersigned Owner /Applicant, hereinafter "Applicant ", and the City of Little Canada, a Minnesota municipal corporation, hereinafter "City ". 1. The Applicant has applied for and requested that the City consider and process the following described zoning /platting actions: Comprehensive Plan Amendment, Zoning District Amendment and Subdivision for Townhomes on the property directly north of Pioneer Park The Applicant shall pay the fees required by the Little Canada ordinances. The real property that is effected by the application is legally described as: (Insert legal description and /or PIN Number.) P.I.N. 06 29 22 14 0021 3 P.I.N. 05 29 22 23 0021 8 P.I.N. 05 29 22 23 0018 2 P.I.N. 05 29 22 23 0019 5 P.I.N. 05 29 22 22 0004 p.i.n. 05 29 22 22 0005 2. The Applicant and the City agree that all expenses incurred by the City relative to the application will be paid by the Applicant. These expenses shall include, but not be limited to, expenses for planning, engineering, fiscal, legal and other consulting services. These expenses shall also include out -of- pocket costs incurred by the City, such as, administrative, recording and publication costs. Legal costs will also include litigation expenses and costs relating to the collection of the amount due pursuant to the provisions of this Agreement, if ,any. 3. The Applicant agrees to deposit with the City the amount of 51,400.00 at the tine of filing of the application. This amount shall be held by the City in escrow and applied to pay the above- described expenses as the same are billed to the City. In the event the amount deposited exceeds the costs incurred, the balance shall be remitted to the applicant. In the event the costs described above exceed the amount of the escrow account, the Applicant shall reimburse the City within 30 days of receipt of an invoice for the amount owing. If the City is not so reimbursed, the City will take whatever steps are necessary to recover the amount due. The Applicant has the right to review said costs. Upon mutual agreement between the Applicant and the City, the amount owing may be adjusted. 4. The payment of the costs described herein does not entitle the applicant to a favorable consideration or a favorable decision by the City Council. The denial of the application does not relieve the Applicant of the obligation to pay the costs incurred. There shall be no refund of amounts paid or deduction of amounts owing by reason of the denial of the application. Page 29