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If the Council approves the City Engineer’s Report and thereafter creates a District, the City Administrator shall cause the creation of an Agreement between the Applicant and City containing (at a minimum) provisions relating to the following:

A. That the public improvement(s) will or do meet all applicable City standards;

B. The amount of the potential reimbursement the applicant can expect along with a caveat that the total amount of any reimbursement will not exceed the actual cost of the public improvement(s);

C. The annual fee adjustment, if any;

D. That the applicant will guarantee the quality of the public improvement(s) for a period of not less than twelve (12) months after the date of their installation;

E. That the applicant will defend, indemnify and hold the City harmless from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City’s establishment of the District; and

F. That the applicant acknowledges the City is not obligated to collect the reimbursement fee from affected property owners.

G. The City may include other provisions as the City Council determines necessary to ensure compliance with this Ordinance. (Ord. 3042, added, 12/21/2010)