Southtowns Record

Town Board agenda — May 14, 2026

Government
Town of Sardinia
Board
Town Board
Meeting
May 14, 2026
Kind
Agenda
Topics
Zoning and land use, Energy and data center siting

Original document

Same meeting

Text · page 5 of 10

2.  The Applicant shall reimburse all of the Town’s reasonable administrative expenses,
  including but not limited to publication fees, paper and printing costs, collation and
  binding costs, transcription costs, etc., incurred in connection with the review of the
  Project, upon the Town having given fifteen (15) days’ notice and opportunity to the
  Applicant to remedy the reason for which such administrative expense is to be
  incurred, if the ability to remedy is applicable. Nothing herein shall be construed to
  exempt the Applicant from the submission of a complete application which is
  complied, collated, tabbed, bound, and in a format easily reviewed by the Town’s
  Officials, experts, and consultants.

3.  The Town shall designate its consultants and provide the Applicant with a copy of
  any retainer agreement or engagement letter, at the Applicant’s request. The Town
  has retained DiMATTEO ROACH & KELLY, ATTORNEYS AT LAW as legal
  counsel and _________________________________ as the consulting engineer.
  Applicant agrees that these firms possess the technical capabilities to provide the
  necessary services.

4.  The Town may retain additional experts as necessary, upon advance written notice to
  Applicant. The notice shall specify the Firm or Firms which the Town wishes to
  retain, the Firm or Firms’ expertise, and the Firm or Firms’ billing rates. Applicant
  shall have fifteen (15) days after the receipt of such notice to advise the Town in
  writing of any objection to the retention of the additional Firm or Firms. If Applicant
  raises an objection, the parties agree to meet to discuss a resolution within ten (10)
  days of the Town’s receipt of the notice of objection.

5.  Within ten (10) business days of execution of this Agreement, Applicant shall deposit
  the sum of thirty-five thousand dollars ($35,000.00) with the Town Clerk, to be held
  in an interest-bearing escrow account maintained by the Town (the “Fee Escrow
  Account”), with interest accruing to the Applicant’s benefit. These funds shall be
  used exclusively to pay the Town’s legal, engineering, and consultant fees incurred
  in connection with the review of the Project.

6.  Invoices for engineering services, legal services, and administrative expenses will be
  submitted to the Town Board, which will review the invoices on a monthly basis.
  Upon approval by the Town Board, the Town Clerk will thereafter be directed to
  disburse funds from the Fee Escrow Account to pay the invoices. Copies of all
  invoices shall be provided prior to approval by the Town Board to Applicant through
  Applicant’s designated attorney(s), except for any privileged portions of legal
  billings. Applicant shall have the right to review all invoices submitted by the
  Town’s consultants, subject to the Town’s right to redact any privileged, attorney-
  client, proprietary, or otherwise confidential materials, and shall notify the Town of
  any objections to the same within fifteen (15) days of receipt of the subject invoices
  from the Town. If Applicant raises an objection, the parties agree to meet to discuss
  a resolution within ten (10) days of the Town’s receipt of the notice of objection.

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