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7. The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax exempt financing including, but not limited to, legal fees, financial analyst fees, bond counsel fees, the City staff's expenses in connection with the application, and any deposits or application fees required under state law in order to secure allocation of bonding authority. The applicant must execute a letter to the City undertaking to pay all such expenses. A form of the required letter is set forth as Part VII of these Guidelines. A non-refundable application fee in the amount of $2,500 must be included with the submission of the application. 8. Prior to closing and delivery of the bonds for the project, the applicant must pay an administrative fee in an amount equal to the greater of $10,000 or 1% of the principal amount of the bonds actually issued. The administrative fees required by this paragraph will be adjusted at or paid prior to delivery of the bonds if necessary to ensure compliance with the Internal Revenue Code and regulations. 9. Applications for financing must be made on the forms attached to these Guidelines. In addition, the applicant must furnish a description of the project, a site plan, elevation of proposed buildings, landscape, lighting, and site preparation, if applicable, together with a brief description of applicant and the proposed financing in such form as required at the time of application. 10. The Council may, in its sole discretion, impose conditions exceeding those required under the City building code in respect to exterior building materials, landscaping, signage lighting, and such other aspects as the Council may consider appropriate on a case-by-case basis. 11. The Council may, in its sole discretion, withdraw its preliminary approval of a project any time if in its judgment the purposes of the Act will not be served by going forward with the project and its financing. SJB-193102v1 3 SA285-04