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109. Form of Assistance; Repayment <br />The incentive will be provided over a period of two (2) years starting after the City <br />issues a cCertificate of oOccupancy (CO) for the project. If the business owner fails <br />to create the number of jobs as set forth in its application within two (2) years of the <br />issuance of a certificate of occupancyCO, the business may be required to repay the <br />amount of assistance provided if required by applicable law. <br /> <br />101. Agreement to Pay Costs of Review <br />City and EDA policy requires applicants to pay all costs incurred by the Ccity to <br />review and act upon applications so that these costs are not borne by the taxpayers. <br />These cCosts include all of the city’s out-of-pocket costs for expenses, including the <br />City’s and the EDA’s costs for review of the application by the City/’s and EDA’s <br />financial advisor, attorney, other consultants, recording fees, and necessary <br />publication costs. <br /> <br />The application processing fees cover anticipated costs; costs incurred above the <br />application fee will be invoiced as they are incurred and payment will be due within <br />thirty (30) days. Any unused portion of the application fee will be returned to the <br />applicant. If payment is not received as required by this agreement, the cCity may <br />suspend the application review process and may deny the application for failure to <br />comply with the requirements for processing the application. Payment for costs will <br />Comment \[OA10\]: Is this needed if we eliminate <br />be required whether the application is granted or denied. <br />the application fee? EDA to discuss <br /> <br /> <br /> <br /> <br /> <br />6 <br />