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Applicant may appeal the Administrator's decision to the Board of County <br />Commissioners by delivering a written request for appeal to the Planning <br />Director within ten (10) days after the Applicant's receipt of the County <br />Chief Administrative Assistant's decision. Such appeal shall be <br />considered by the Board as an administrative matter (no notice or hearing <br />required to be provided to the applicant) and the Board, following review <br />of the Applicant's written contest and the County Chief Administrative <br />Assistant's written decision in response, shall: (1) affirm the expense as <br />appropriate under this Agreement; (2) delete or rescind the expense as <br />inappropriate under the Agreement; or (3) modify or reduce the expense. <br />The BOCC's administrative decision on appeal shall be final. Review and <br />processing of an Applicant's timely written contest shall not be an <br />expense within the meaning of this Agreement. <br />4.0 DEPOSIT ACCOUNT <br />The Applicant shall make all deposits for land use fees and expenses required by <br />the Park County Land Use Regulations at the time of Application submittal and <br />shall maintain a deposit account with the County ("Deposit Account"). The <br />County shall charge expenses against the Deposit Account and shall deduct for <br />payment the expenses from the Deposit Account. At such time that the <br />expenses charged against the Deposit Account exceed ninety percent (90%) of <br />more of the Deposit Account, and within ten (10) days of the Applicant's receipt <br />of notice by the County, the Applicant shall supplement the Deposit Account by <br />making an additional deposit with the Planning Director of an amount of at least <br />fifty percent (50%) of the amount of the initial deposit for land use fees and <br />expenses. The County Chief Administrative Assistant to the BOCC may reduce <br />the amount of, or may waive, the Applicant's making of an additional deposit <br />where the Planning Director finds that the estimated or anticipated additional <br />expenses for the processing of the Application will not likely exceed the <br />remaining balance held in the Deposit Account by the County. <br />The Applicant shall be obligated to maintain a positive balance in the Deposit <br />Account at all times. Failure by the Applicant to maintain a positive balance in <br />the Deposit Account and to timely make an additional deposit within ten (10) <br />days of notice by the County in accordance with this section shall constitute a <br />material breach of this Agreement. <br />5.0 APPLICATION TERMINATION. <br />Except as otherwise precluded or prohibited by law or an agreement with the <br />County, the Applicant may terminate the processing of an Application at any time <br />by delivering written notice to the Planning Director. The Planning Director shall <br />immediately take all reasonable steps necessary to terminate the accrual of <br />additional and continuing expenses to the Applicant.. In no event shall the <br />Applicant be obligated to pay an expense associated with work or service <br />performed on the Application which is more than forty-eight (48) hours after the <br />date and time of the delivery of the Applicant's notice of termination. <br />6.0 LIEN AGAINST PROPERTY <br />To the extent permitted by law, expenses incurred by the Applicant in <br />accordance with this Agreement, together with an amount equal to ten percent <br />(10%) of the total expenses for the cost of collection, shall constitute a lien <br />against the Property described in'this Agreement and described in the <br />Application. By this Agreement, the Applicant consents to the imposition of a lien <br />and the cost of collection against the property and represents that the Applicant