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and pursuant to an existing contractual agreement by and between the City and such <br /> consultant. Charges made by the City shall be in accord with the hourly rates charged by <br /> such consultants or hourly rates of employed professionals and shall be paid within 30 <br /> days on submission of City voucher. <br /> 20. At the time of submission of any application or thereafter, it is required that an escrow <br /> account be established. from which withdrawals shall be made to reimburse the City for <br /> the cost of professional review services. if any. The Applicant shall then provide funds to <br /> the City for deposit into such account in an amount to be determined by the City <br /> Manager. based on his evaluation of the nature and complexity of the application. The <br /> Applicant shall be provided with copies of any City voucher for such services as they are <br /> submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of <br /> its initial amount, the applicant shall deposit additional funds into such account to bring <br /> its balance up to the amount of the initial deposit. If such account is not replenished <br /> within thirty-days (30) after the applicant is notified. in writing, of the requirements for <br /> such additional deposit. the City may suspend its review of the application. An <br /> application shall be deemed incomplete if any amount shall be outstanding. A building <br /> permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all <br /> professional review fees charged in connection with the applicant's project have been <br /> reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to <br /> the Applicant any funds remaining on deposit. <br /> 21. The Applicant shall furnish a payment and performance bond in an amount determined <br /> by the Building Official to ensure Applicant's performance of public improvements <br /> required pursuant to site plan approval and in accordance with recommendations of the <br /> Building Official after review of construction plans submitted based on development <br /> approval granted herein. Any such bond shall be issued by a surety having a minimum <br /> rating of Al in the Best's Key Rating Guide. Property/Casualty Edition, shall be subject <br /> to the approval of the City. and shall provide that "this bond may not be cancelled or <br /> allowed to lapse until 30 days after receipt by the City, by certified mail. return receipt <br /> requested, of written notice from the issuer of the bond of intent to cancel or not to <br /> renew". As improvements are made the City. within its discretion, may reduce or <br /> eliminate the bond amount. These rights reserved by the City with respect to any <br /> construction bond established pursuant to this section are in addition to all other rights <br /> and remedies the City may have under this Resolution, in law or in equity. <br /> C. OTHER CONDITIONS. <br /> 22. That the proposed median modifications be approved by the City Manager or his <br /> designee. The City Manager or his designee reserves the right to request additional <br /> modifications to the proposed median cut plans for beautification purposes. <br /> 23. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the <br /> City upon compliance with all terms and conditions. The Certificate of Occupancy and <br /> Certificate of Use shall be subject to cancellation upon violation of any of the conditions. <br /> 13-Z-_ 16875 & I690ICollins Ave. 7 <br />