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Ordinance No.2289 <br /> 5. The city council may elect, in its absolute discretion, to provide reimbursement at a <br /> faster rate than provided in this section, based upon fees collected and available. <br /> 6. The reimbursement shall be paid one time each calendar year. <br /> 7. The right to reimbursement shall not run with the land, but shall be personal to the <br /> developer. The developer may assign his or her right to reimbursement to another by <br /> filing a written notarized assignment with the city clerk. It is the developer's or <br /> assignee's responsibility to keep the city clerk advised of a current address. If the city <br /> cannot locate a developer or assignee to send a reimbursement payment after reasonable <br /> diligence, the amount of the reimbursement for that year is forfeited, and the unclaimed <br /> funds shall be returned to the capital facilities fee fund. <br /> B. Calculation of Credit. <br /> 1. General. <br /> a. The community development director, or designee, ("director") shall calculate the <br /> amount of credit to be given based upon the approved improvement plans and <br /> using cost estimates (which are based on recent city project bids for similar work). <br /> The cost of any right-of-way to be purchased shall be based upon an appraisal done <br /> by a licensed appraiser, approved by the city, at the developer's expense, with said <br /> costs eligible for credit. <br /> b. For nonstandard improvements, the credit shall be calculated based on information <br /> provided by the developer(such as bids or other documents verifying costs) for the <br /> community development director's review and approval. <br /> c. The calculation of costs shall be based only on work which is eligible for credit <br /> under subsection A of this section. No credit shall be given for the cost of <br /> constructing improvements otherwise required by direct development pursuant to <br /> Titles 18, 19, and 20 of this code. The amount of credit includes construction costs <br /> and the cost of engineering. <br /> 2. Assessment Districts, Benefit Area and Community Facilities Districts. If development <br /> occurs within an assessment district, fee benefit area, community facilities district, or <br /> otherwise is subject to an assessment, fee or special tax collected specifically to defray <br /> the costs of providing or constructing public facilities, the amount of credit is equal to <br /> that portion of the estimated construction cost of the public facilities included in the <br /> assessments, fees or special taxes which will be contributed by the development. <br /> C. Reimbursement When Credit Exceeds Fee. When the amount of credit exceeds the amount of <br /> the developer's capital facilities fee,the developer may be eligible for reimbursement of costs <br /> under Section 3.22.090 of this chapter. <br /> D. How and When Credit is Given. <br /> 1. If a developer is eligible for credit, the community development director shall calculate <br /> the credit pursuant to subsection B of this section, and determine the number of <br /> residential units or residential square footage, or office, commercial/retail, or <br /> industrial/warehouse square footage for which developer shall receive a credit. No <br />