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 6 of 10

7.  The Town shall provide monthly Fee Escrow Account Statements to Applicant,
  together with an itemized accounting of monies disbursed from the Fee Escrow
  Account, if applicable. In no event shall Applicant allow the balance of the Fee
  Escrow Account to fall below the sum of fifteen thousand dollars ($15,000.00). In
  the event that such balance falls below fifteen thousand dollars ($15,000.00), the
  Town shall immediately notify Applicant in writing of the amount of the deficiency,
  and Applicant shall replenish the balance of the Fee Escrow Account to a minimum
  of $20,000.00 within fifteen (15) days of receipt of the Town’s notice.

8.  In no event is the Applicant required to reimburse the Town for fees paid to
  professional consultants in an amount greater than fifty thousand dollars
  ($50,000.00) unless otherwise agreed to by amendment to this agreement. The
  Applicant may terminate this agreement upon receipt by the Town of ten (10) days
  written notice. Upon such termination, the Applicant shall no longer be responsible
  for costs related thereto and any remaining funds, minus any outstanding costs, fees
  or expenses incurred by the Town up to ten (10) days subsequent to the date of
  receipt of the notice of termination will be returned to the Applicant.

9.  Applicant shall immediately notify the Town in writing of any material changes to
  the Project, including but not limited to the scope, location, or ownership structure.
  The Town reserves the right to require additional review and associated fees for such
  changes.

10. The consultants retained by the Town shall have no fiduciary duty to the Applicant
  and shall act solely in the interest of the Town in reviewing the Project application.

11. The services covered by this Agreement shall include those necessary for the Town’s
  review of the Project application and SEQRA compliance. The rates charged by the
  Town’s consultants shall be consistent with customary rates for similar services
  within the region.

12. Compliance with the terms of this Agreement shall be a condition of any approval
  issued by the Town to the Applicant related to the Project.

13. Execution of this Agreement does not constitute or imply approval of the Applicant’s
  Project. The Town reserves the right to deny or conditionally approve the Project in
  accordance with applicable laws, regulations, and its local laws and ordinances.

14. The Town reserves the right to amend its zoning laws, policies, or procedures during
  the pendency of the Project review, and Applicant shall comply with any such
  amendments.

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