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#18 - 9450 Hudson Blvd Easement Vacation
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#18 - 9450 Hudson Blvd Easement Vacation
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2/18/2025 8:22:33 PM
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NOW THEREFORE, the City and Applicant agree as follows:1. Requirement. The Applicant is required to make the necessary deposits prior to the process ofmunicipal planning, public works, legal & engineering review commences.2. Review Process. Applicant acknowledges and agrees that the City shall commence to reviewand process the review request checked above at such a time that this Agreement is executedby all parties and the cash required for the specific review is deposited and posted by the City'sFinance Department. The City may provide a review completion schedule to the Applicant atthe time of deposit. The City reserves the right to modify the schedule based on thecompleteness of the application, the need for additional information for review, or revisions tothe application that may occur during the scheduled review.3. Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs inconnection with reviewing the application. The City shall determine all of its costs, includingboth administrative and consulting services, at the rates charged by the City or its consultants,determined according to the City's adopted fee schedule. A copy of the current administrativeand consulting rates is attached as Exhibit "N' , which rates are subject to change by the City,without notice to the Applicant. Exhibit "f\" should not be construed as an exhaustive list ofconsultants and Applicants shall be responsible for all other consulting fees related to theapplication. The City shall provide Applicant with the applicable rates for consultants used inthe review prior to commencement. This Agreement does not pertain to ancillary chargesincurred by reviewing of other governmental bodies/ including but not limited to. Soil & WaterConservation Districts, Washington County Government, Water Shed, or any other unit ofgovernment that may, by right,have review authority.4. Conditions of Deposit. The following stipulations and conditions shall apply to the depositaccount for review services contemplated under this Agreement.a. Payment shall be made to City consultants, included but not limited to legal andplanning, in the amounts billed to the City, according to consulting rates in effect at the time ofthe execution of the agreement. Such consulting deemed necessary for the proper review ofthe application shall be at a usual and customary rate as it relates to the subject matter of theapplication for payment as determined by the City.b. The City shall reimburse itself from deposit accounts for all costs and expense incurredby the City in connection with the implementation and enforcement of this Agreement.Reimbursement shall occur on a monthly basis and the City's Finance Department shall notifyApplicant of the reimbursement via account reconciliation report.c. The City shall not be responsible for paying any interest on the money deposited underthe Agreement.d. If in the discretion of both the City's Finance Department and the CommunityDevelopment Department, there is deemed to be an inadequate balance in the deposit accountto pay for all fees and costs incurred by the City, the City will notify the Applicant for the needfor an additional deposit. The total of the additional deposit shall be calculated by City staffbased on the amount of work yet to be completed in the review of the application. Applicant
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