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1. <br />Site Plan Review Fee <br />$1,500.00 <br />2. <br />Administration <br />(Legal, Engineering, Planning and Contract Administration) <br />$7,500.00 <br />3. <br />Negative Short Term Escrow Balance <br />$0.00 <br />Total Estimated (Budget) Costs for Escrow Account <br />$9,000.00 <br />B. If it appears that the actual costs incurred will exceed the estimate or <br />that the actual costs incurred will be less than the estimate, then <br />Developer and City shall review the costs required to complete the <br />project. In such case, if the actual costs exceed the estimate, then <br />Developer shall promptly pay the additional sums to the City to pay for <br />the agreed upon increase. However, in such case where the actual costs <br />are less than the estimate, the City shall promptly reimburse to <br />Developer any amounts overpaid by the Developer. The Developer may <br />request a statement of the account each month for review. <br />C. Per the Interim Use Permit approved by Resolution 25-89, the City will <br />maintain a $5,000 non -interest bearing escrow account provided by the <br />owner that shall be reestablished annually by January 15t". This escrow <br />will be for inspection, erosion control, and other City costs associated <br />with the stockpile. <br />If the above escrow amount is insufficient, the owner shall make such <br />additional deposits as required by the City. The City shall have a right to <br />reimburse itself from the Escrow with suitable documentation supporting <br />the charges. <br />D. Intentionally Deleted. <br />VIII. REMEDIES FOR BREACH. <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 <br />before the City undertakes any work for which the City will be <br />reimbursed through the financial guarantee. If within twenty (20) days <br />after receipt of such written notice to it, the Developer has not notified <br />the City by stating in writing the manner in which the default will be <br />cured and the time within which such default will be cured, the City will <br />proceed with the remedy it deems reasonably appropriate. <br />B. At any time after the completion date and any extensions thereof, if any <br />of the work is deemed incomplete, the City may proceed in any one or <br />Phelps Road Stockpile Site Performance Agreement page 5 of 10 <br />Page 118 of 142 <br />