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A. Pursuant to a written system improvements reimbursement agreement, reimbursement for system improvements from impact fees may, in city’s sole discretion, be made to the developer by the city on such basis and at such times as determined by the city, but not more often than quarterly, for the actual, reasonable costs incurred by the developer in installing and constructing the system improvements. Such reimbursement shall be made as set forth in the agreement between the developer and the city. No interest shall be paid on any reimbursement amounts. The city will not have any obligation to make any reimbursement to the developer for system improvements until the designated impact fees are actually received by the city. Nothing herein shall require the city to reimburse the developer any amounts, at any time, until the date the city would have installed the system improvements under the capital facilities plan in existence on the date of the reimbursement agreement. Developer will be obligated to hold city and its officers, employees, agents and representatives harmless from all claims and liability for any impact fees which for any reason are not collected; provided, that the city has made a good faith effort to collect such impact fees. No reimbursement for system improvements will be due or paid until the system improvements have been fully installed, inspected and accepted by the city. Reimbursements will not be made by the city to the developer until developer has conveyed all required system improvements to the city by deed, bill of sale, or other instrument satisfactory to the city. The city may charge an administrative fee for the actual and reasonable costs incurred by the city in administering the reimbursement agreement for system improvements and collections/disbursements thereunder. The city is free to use all impact fees collected as it deems fit, in accordance with applicable laws governing impact fees, and may, but need not, designate portions of individual impact fees to be used for reimbursement and portions for use in providing other system improvements identified in the capital facilities plan.

B. The city’s obligation to reimburse developers for system improvements from impact fees will expire on the date set forth in the reimbursement agreement or whenever developer’s actual, reasonable costs, as approved by the city, are paid in full; whichever occurs first, unless extended in writing by the city council. (Ord. 10-1-1998, 10-1-1998)