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Adopt Resolution Concerning Reimbursement Agreements for Land Use Applications <br />August 20, 2019 <br />Page 2 <br />In addition, on occasion the City's approval of a project is challenged in court. Often the <br />challenge is in the form of a writ of mandate. The City is the named defendant in these cases <br />and the developer is what is known as a real party in interest (RPI). As the defendant the City <br />must engage legal counsel to represent the City and it is the City that incurs costs. A <br />reimbursement agreement will ensure the City receives timely deposits and is reimbursed for the <br />costs resulting from approval of the application. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, <br />Objective #5 (Leverage private investment that results in tax base expansion and job creation <br />citywide), Strategy A (Identify and market underutilized properties for new development that will <br />create new jobs and expand the City's tax base). <br />FISCAL IMPACT <br />There is no immediate fiscal impact to the City in adopting the proposed Resolution, in the future <br />certain applicants will be required to post a deposit with the City to cover consultant, legal and <br />planning costs associated with development projects where the City anticipates incurring <br />significant expenses. <br />Minh Thai <br />Executive Director <br />Planning and Building Agency <br />APPROVED AS TO FUNDS AND ACCOUNTS: <br />6� h <br />Kathryn Downs, CPA <br />Executive Director <br />Finance and Management Services Agency <br />Exhibits: 1. Resolution Reimbursement Agreements <br />2. Reimbursement Agreement Template <br />55G-2 <br />