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agreement with the City agreeing to pay such an <br /> amount determined by the Director of Planning and <br /> Community Development, hereinafter referred to as <br /> "Director, " as deemed necessary to cover all costs <br /> incurred by the City to process the application. <br /> In determining the amount of the fee, the Director <br /> shall consider the complexity of the application, <br /> the need for special studies and the amount of <br /> staff time required to process the application. <br /> The agreement shall require that the applicant <br /> assume full responsibility for paying the City for <br /> said costs and will also require that the <br /> applicant waive any time limitation which may be <br /> exceeded as a result of the applicant' s failure to <br /> timely pay the City. <br /> Unless otherwise indicated in the agreement, <br /> the City shall be paid at the time the agreement <br /> is executed. Failure to pay upon demand in <br /> accordance with the terms of this agreement will <br /> result in the City withholding any further action <br /> on said Shoreline review until the required <br /> payment is made. <br /> The decision of the Director declining to <br /> enter into such an agreement, the protest of the <br /> imposition of any of the conditions of said <br /> agreement or the amount charged therein is <br /> appealable to the City Council if within ten (10) <br /> working days of the date of said decision, a <br /> written appeal is filed with the City Clerk. <br /> Following Council ' s consideration of the appeal, <br /> council has the authority to sustain the decision <br /> of the Director, modify it, or remand it to the <br /> Director. The action of the Council sustaining, <br /> modifying, or remanding shall be final and <br /> conclusive unless within thirty (30) calendar days <br /> from the date of Council ' s action, an application <br /> is made to the Superior Court of Snohomish County <br /> for a writ of certiorari . <br /> Section 2 : Severability <br /> Should any section, subsection, paragraph, sentence, clause <br /> or phrase of this ordinance or its application to any person <br /> or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the <br /> remaining portions of this ordinance or its application to <br /> any other person or situation. The City Council of the City <br /> of Everett hereby declares that it would have adopted this <br /> ordinance and each section, subsection, sentence, clause, <br /> 2 <br />