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<br /> Bald Eagle Erectors Site Performance Agreement page 4 of 8 <br />1. Site Plan Review Fee $1,500 <br />2. Administration (Legal, Engineering, Planning, and Contract administration) $3,500 <br />3. Sanitary Sewer Trunk Unit Fee (0 units @ $3,073 per unit) $0 <br />4. Water Trunk Unit Fee (0 units @ $4,069 per unit) $0 <br />5. Surface Water Management Fee 1, 2, and 6 ($0.125*0 SF) $0 <br /> Total Estimated (Budget) Costs for Escrow Account $5,000 <br /> <br /> <br />B. If it appears that the actual costs incurred will exceed the estimate or that <br />the actual costs incurred will be less than the estimate, then Developer and <br />City shall review the costs required to complete the project. In such case, <br />if the actual costs exceed the estimate, then Developer shall promptly pay <br />the additional sums to the City to pay for the agreed upon increase. <br />However, in such case where the actual costs are less than the estimate, <br />the City shall promptly reimburse to Developer any amounts overpaid by <br />the Developer. The Developer may request a statement of the account <br />each month for review. <br /> <br />C. Intentionally Deleted. <br /> <br />VII. REMEDIES FOR BREACH <br /> <br />A. The City shall give prior written notice to the Developer of any default <br />hereunder before proceeding to enforce such financial guarantee or before <br />the City undertakes any work for which the City will be reimbursed <br />through the financial guarantee. If within twenty (20) days after receipt of <br />such written notice to it, the Developer has not notified the City by stating <br />in writing the manner in which the default will be cured and the time <br />within which such default will be cured, the City will proceed with the <br />remedy it deems reasonably appropriate. <br /> <br />B. At any time after the completion date and any extensions thereof, if any of <br />the work is deemed incomplete, the City may proceed in any one or more <br />of the following ways to enforce the undertakings herein set forth, and to <br />collect any and all expenses reasonably incurred by the City in connection <br />therewith, including, but not limited to, engineering, legal, planning and <br />litigation costs and expense. The enumeration of the remedies hereunder <br />shall be in addition to any other remedies available to the City. <br /> <br />1. Specific Performance. The City may in writing direct the surety or <br />the Developer to cause the Work to be undertaken and completed <br />within a specified reasonable time. If the Developer fails to cause <br />the Work to be done and completed in a manner and time <br />reasonably acceptable to the City, the City may proceed to bring an <br />action for specific performance to require work to be undertaken.