REVIEW FEE REIMBURSEMENT AGREEMENT
THIS AGREEMENT MUST BE COMPLETED AND SIGNED BY THE DEVELOPER/APPLICANT PRIOR TO SUBMISSION OF THE SUBDIVISION/LAND DEVELOPMENT APPLICATION AND PLANS, SKETCH PLANS, CONDITIONAL USE APPLICATIONS OR ANY OTHER SUBMISSION WHICH REQUIRES MUNICIPAL CONSULTANT REVIEW. REVIEW FEE REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this _________ day of _________, 20_____, by and between _______________, (hereinafter the “Landowner”), and Borough of Grove City, Mercer County, Pennsylvania, (hereinafter”Borough of Grove City”);
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of Mercer County, Pennsylvania, Deed Book _____ at Page _____, (hereinafter “Property”).
WHEREAS, the Landowner is proceeding to build and develop the property; and
WHEREAS, the Landowner has submitted a SWM Site Plan for review and approval by the Borough of Grove City (hereinafter referred to as the “Plan”) for the property identified herein; and
WHEREAS, the Developer has requested and/or required the Borough of Grove City approval and/or review of its proposed plans, and the Borough of Grove City is willing to authorize its professional consultants to review said Plan and/or proposal upon execution of this agreement, and upon deposit of an escrow account according to the current Fee Schedule.
NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Landowner and Borough of Grove City hereby authorize and direct the Borough of Grove City’s professional consultants, as defined at § 107 of the Pennsylvania Municipalities Planning Code to review Landowner’s plans or proposals to use its property, and to make such recommendations and specifications as may be necessary with respect to such plans in accordance with all applicable Borough of Grove City ordinances, and State and Federal rules and regulations.
2. The Landowner and Borough of Grove City acknowledge that the Borough of Grove City will incur costs and fees relating to the review of Landowner’s plans by its professional consultants, and Landowner agrees to pay and/or reimburse the Borough of Grove City for such costs in accordance with this agreement.
3. The Landowner shall pay the professional consultant’s charges and fees for the following: (a) review of any and all Stormwater Management Plans, studies, or other correspondence relating to the Landowners submission; (b) attendance at any and all meetings relating to Landowner’s plan; (c) preparation of any reports, legal documents, or other correspondence relating to Landowner’s plan or proposal; and (d) administrative cost and incurred expenses relating to the administration of this agreement. It is understood by the execution of this agreement that the Landowner specifically accepts the Fee Schedule currently in effect in the Borough of Grove City.
4. The Landowner hereby agrees to deposit with the Borough of Grove City the sum of _____ dollars ($_____), payable as cash in U.S. dollars or check drawn on a Pennsylvania bank, as security for the payment of all costs and expenses, charges and fees as set forth in paragraph 3 above, upon execution of this agreement, which shall be held in a non-interest bearing account by the Borough of Grove City. In the event that the above deposited escrow fund shall fall below fifty percent (50%) of the original deposit, the Landowner shall immediately, upon receipt of written notice from the Borough of Grove City or its agent(s), deposit sums with the Borough of Grove City necessary to replenish the account to its original balance. In the event that this is insufficient to pay current Borough of Grove City incurred expenses, Landowner agrees to pay the total amount currently due for Borough of Grove City incurred expenses without delay in addition to re-establishing the base escrow account balance. The Borough of Grove City will use its best efforts to advise the Landowner of the impending likelihood that its costs have exceeded the required escrow account sums as described above.
5. Landowner and Borough of Grove City agree that upon completion of the Borough of Grove City’s review of Landowner’s plan or proposal, all unused portions of the escrow account as described above shall be returned to the applicant upon written request to the Borough of Grove City.
6. Landowner and Borough of Grove City acknowledge that the ordinance and appropriate fee schedules require Landowner to pay Borough of Grove City’s professional consultant fees relating to this plan or project, and in the even that Landowner fails to provide sufficient funds in the above-described revolving escrow account upon fifteen (15) days written notice to the Landowner or make the initial deposit payment described above within five (5) days of the date of this agreement, Landowner shall be in default of this agreement and in violation of the above sections of the ordinance. In the event of Landowner’s default as described above, the Borough of Grove City may refuse to issue any permit or grant any approval necessary to further improve or develop the subject site until such time as the terms of this Agreement are strictly met by Landowner. Moreover, final approval or further review may be denied or delayed until such time as the terms of this agreement are strictly met by Landowner.
7. Landowner and the Borough of Grove City further agree that all fees or costs arising out of this Agreement shall be paid prior to the issuance of any permit, occupancy or otherwise, for the use, improvement or construction of the buildings as proposed on the Landowner’s plan. The Landowner agrees and acknowledges that no permit, occupancy or otherwise, or recordable plans, shall be released by the Borough of Grove City until all outstanding professional consultant fees and costs are paid to the Borough of Grove City, and provided that the Landowner is not in default under this agreement.
8. The Landowner may at any time terminate all further obligations under this Agreement by giving fifteen (15) days written notice to the Borough of Grove City that it does not desire to proceed with the development as set forth on the plan and upon receipt of such written notice by the Landowner to the Borough of Grove City, the Landowner shall be liable to the Borough of Grove City for its costs and expenses Incurred to the date and time of its receipt of the notice, plus the applicable administrative costs and expenses as outlined in paragraph 3 above.
9. The Landowner and the Borough of Grove City further agree that the Borough of Grove City shall have the right and privilege to sue the Landowner or the property owner in court for reimbursement or to lien the property or both, in its sole discretion, for any expense in excess of the then current balance of funds on deposit with the Borough of Grove City in accordance with this agreement incurred by the Borough of Grove City by reason of any review, supervision and inspection of Landowner’s project by its professionals including, but not limited to, the Borough of Grove City Engineer and Solicitor. The Borough of Grove City’s election of its remedies under this paragraph shall not constitute a waiver of any other remedies the Borough of Grove City may have.
10. The Landowner and the Borough of Grove City acknowledge that this agreement represents their full understanding as to the Borough of Grove City’s reimbursement for professional or consultant services.
11. This agreement shall be binding on and insure to the benefit of the successors and assigns of Landowner, The Borough of Grove City shall receive thirty (30) days advance written notice from Landowner of any proposed assignment of Landowner’s rights and responsibilities under this Agreement.
ATTEST:
WITNESS the following signatures and seals:
(SEAL) ________________________ For the Borough of Grove City:
ATTEST: ________________________ For the Landowner:
____________________________ (City, Borough, Township)
County of Mercer, Pennsylvania
I,________________________, a Notary Public in and for the County and State aforesaid, whose commission expires on the ________________ day of ________________, 20_____, do hereby certify that ____________________________ whose name(s) is/are signed to the foregoing Agreement bearing date of the ________________day of ________________, 20_____, has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS ________________day of ________________, 20_____.
NOTARY PUBLIC _____________________________________
(SEAL)
(1980 Code, Ch. 24, Appendix 24-C)