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such consultants or hourly rates of employed professionals and shall be paid within 30 <br />days on submission of City voucher. <br />9. 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 Manager, <br />based on his/her evaluation of the nature and complexity of the application. The Applicant <br />shall be provided with copies of any City voucher for such services as they are submitted <br />to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial <br />amount, the applicant shall deposit additional funds into such account to bring its balance <br />up to the amount of the initial deposit. If such account is not replenished within thirty -days <br />(30) after the applicant is notified, in writing, of the requirements for such additional <br />deposit, the City may suspend its review of the application. An application shall be <br />deemed incomplete if any amount shall be outstanding. A building permit or Certificate <br />of Use and Certificate of Occupancy shall not be issued unless all professional review <br />fees charged in connection with the applicant's project have been reimbursed to the City. <br />Once all pertinent charges have been paid, the City shall refund to the Applicant any funds <br />remaining on deposit. <br />10. The Applicant shall furnish 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 A-1 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 renew". <br />As improvements are made the City, within its discretion, may reduce or eliminate the <br />bond amount. These rights reserved by the City with respect to any construction bond <br />established pursuant to this section are in addition to all other rights and remedies the <br />City may have under this Resolution, in law or in equity. <br />Other Conditions. <br />11. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from <br />the 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 />12. That the approved site plan shall remain valid for a period of 24 -months from the date <br />of the site plan modification approval. If no building permit is issued within the 24 -month <br />time period, the site plan shall be considered null and void and of no force and effect. <br />13. That the Applicant complies with all City Ordinances, County, State and Federal Laws <br />and Regulations applicable to development and permit approvals. <br />(END) <br />33 <br />