Certificate of Expenditures. In connection with the Eligible Expenses for the CID Improvements, Developer shall certify all costs and expenditures in accordance with the following: (a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H setting forth the amount for which reimbursement is sought and an itemized listing of the related CID Improvement Costs. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not be limited to: (i) A scalable "General Layout" plan sheet showing the general layout and location of the CID eligible Expenses. Non-eligible items shall be clearly differentiated from eligible items. (ii) A summary of plan quantities delineating the eligible from non- eligible items. (iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible items. (b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below. (c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation. (d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of CID Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable expenses incurred by the City pursuant to this subsection (c). (e) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID Improvements; (2) the expense was incurred; (3) Developer is not in default under this Agreement; (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period. (f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring such expenditure.
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Certificate of Expenditures. In connection with the Eligible Expenses Project Costs for the TDD Improvements and CID Improvements, Developer shall certify all costs and expenditures in accordance with the following:
(a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H S setting forth the amount for which reimbursement is sought and an itemized listing sought, identification of the related CID Improvement relevant CID/TDD Project Costs and the appropriate source of Public Financing Proceeds for payment of such CID/TDD Project Costs. Prior Developer shall certify to or concurrently with the first City that it shall only use the Public Financing Proceeds for the designated CID/TDD Project Costs described in the Certificate of Expenditure submitted by Developer to the Cityand that such proceeds shall not be commingled with other sources or uses. For instance, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not certify and be limited to:
(i) A scalable "General Layout" plan sheet showing the general layout and location of responsible for ensuring that CID Bond Proceeds from the CID eligible Expenses. Non-eligible items shall be clearly differentiated from eligible items.
(ii) A summary of plan quantities delineating District are not in any way commingled or improperly used for TDD Project Costs incurred in the eligible from non- eligible items.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible itemsTDD District.
(b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s Xxxxxxxxx's and other’s 's records relating to all costs of CID Improvements CID/TDD Project Costs to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable third party expenses incurred by the City pursuant to this subsection (c).
(ed) The City shall have sixty thirty (6030) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID ImprovementsCID/TDD Project Costs and is an Eligible Expenses; (2) the expense was incurred; (3) Developer is not in default under this Agreement; and (4) the expense is not prohibited by the terms and all conditions of set forth in Section 3.04 hereof4.05 hereof have been satisfied; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason reason(s) for such disapproval within such sixty thirty (6030) day period.
(f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring such expenditure.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Certificate of Expenditures. In connection with the Eligible Expenses for the CID Improvements, Developer shall certify all costs and expenditures in accordance with the following:
(a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H setting forth the amount for which reimbursement is sought and an itemized listing of the related CID Improvement Costs. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not be limited to:
(i) A scalable "General Layout" plan sheet showing the general layout and location of the CID eligible Expenses. Non-eligible items shall be clearly differentiated from eligible items.
(ii) A summary of plan quantities delineating the eligible from non- eligible items.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible items.
(b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of CID Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable expenses incurred by the City pursuant to this subsection (cd).
(e) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID Improvements; (2) the expense was incurred; (3) Developer is not in default under this AgreementAgreement beyond all notice and cure periods provided herein; (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period.
(f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications Certificates of Expenditures Expenditure for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures Expenditure for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring making such expenditure.
Appears in 2 contracts
Certificate of Expenditures. In connection with the Eligible Expenses for the CID Improvements, Developer shall certify all costs and expenditures in accordance with the following:
(a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H I setting forth the amount for which reimbursement is sought and an itemized listing of the related CID Improvement CostsImprovement. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not be limited to:
(i) A scalable "General Layout" plan sheet showing the general layout and location of the CID eligible Expenses. Non-eligible items shall be clearly differentiated from eligible items.
(ii) A summary of plan quantities delineating the eligible from non- eligible items.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible items.
(b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of CID Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable expenses incurred by the City pursuant to this subsection (c).
(e) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID Improvements; (2) the expense was incurred; (3) Developer is not in default under this Agreement; and (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period.
(f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring such expenditure.
Appears in 2 contracts
Certificate of Expenditures. In connection with the Eligible Expenses for the CID Improvements, Developer shall certify all costs TIF Project Costs and expenditures CID Project Costs in accordance with the following:
(a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H setting forth the amount for which reimbursement is sought and an itemized listing sought, identification of the related relevant CID/TIF Project Costs and the appropriate source reimbursement (i.e., CID Improvement Sales Taxes or Incremental Real Property Taxes) for reimbursement of such CID/TIF Project Costs. Prior Developer shall certify to or concurrently with the first City that it shall only use the CID Sales Taxes and/or Incremental Real Property Taxes for the designated CID Project Costs and/or TIF Project Costs, respectively, as described in the Certificate of Expenditure submitted by and that such proceeds shall not be commingled with other sources or uses. For instance, Developer to shall certify and be responsible for ensuring that Incremental Real Property Taxes from the City, TIF District are not in any way commingled or improperly used for CID Project Costs or costs incurred outside of the TIF District. Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not be limited to:
(i) A scalable "General Layout" plan sheet showing the general layout and location of the CID eligible ExpensesImprovements and CID/TIF Project Costs. Non-eligible items shall be clearly differentiated from eligible items.
(ii) A summary of plan quantities delineating the eligible from non- non-eligible items.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible items.
(b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s Xxxxxxxxx's and other’s others’ records relating to all costs of CID Improvements to be paidCID/TIF Project Costs, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all reasonable, actual and verifiable expenses incurred by the City pursuant to this subsection (c).
(ed) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) costs described in the Certificate of Expenditure directly relates to the CID ImprovementsCID/TIF Project Costs and are Eligible Expenses; (2) the expense was was, in fact, incurred; (3) Developer is not in default under this Agreement; (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period.
(f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring such expenditure.;
Appears in 1 contract
Samples: Redevelopment Agreement
Certificate of Expenditures. In connection with the Eligible Expenses for the CID TIF Improvements, Developer shall certify all costs and expenditures in accordance with the following:
(a) The Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H setting forth the amount for which reimbursement is sought and an itemized listing of the related CID Improvement CostsTIF Improvement. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but not be limited to:
(i) A scalable "General Layout" plan sheet showing the general layout and location of the CID eligible TIF Improvements and Eligible Expenses. Non-eligible items shall be clearly differentiated from eligible items.
(ii) A summary of plan quantities delineating the eligible from non- non-eligible items.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on eligible items. Such tabulations or contracts must clearly differentiate items by eligible and non-eligible items.
(b) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of CID TIF Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable expenses incurred by the City pursuant to this subsection (c).
(ed) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID Improvements; (2) the expense was incurred; (3) Developer is not in default under this Agreement; (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and Expenditure, then the City shall reimburse the Developer for financing the cost of the CID TIF Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period.
(fe) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID TIF Improvements on not less frequently than a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID TIF Improvement within one-hundred eighty (180) days of incurring such expenditure.
Appears in 1 contract
Samples: Redevelopment Agreement
Certificate of Expenditures. In connection with the Eligible Expenses for the CID ImprovementsImprovement Costs, Developer shall certify all costs Project Costs, and expenditures Developer may not obtain any STAR Bond Financing, TDD Financing or CID Financing without first certifying all Project Costs, in accordance with the following:
(a) The For each reimbursement of Improvement Costs requested by Developer, Developer shall submit to the City a Certificate of Expenditure in the form attached hereto as Exhibit H setting forth U T certifying the amount for which reimbursement is sought and an itemized listing identifying the corresponding line item on the Project Budget to which each requested reimbursement relates, including identification of the related whether such Improvement Costs are TDD Improvements, CID Improvement CostsImprovements and/or STAR Bond Improvements. Prior to or concurrently with the first Certificate of Expenditure submitted by Developer to the City, the Developer shall submit plan documentation sufficient in the City's sole discretion to assist the City in reviewing the Certificate of ExpendituresExpenditure. Such documentation shall include, but not be limited toinclude without limitation:
(i) A scalable "General Layout" plan sheet showing the general layout and location of the TDD Improvements, the CID Improvements, and the STAR Bond Improvements, clearly differentiating items eligible Expenses. Non-eligible for Public Financing from items shall be clearly differentiated from eligible itemswhich are not.
(ii) A summary of plan quantities delineating the quantities, clearly differentiating items eligible for Public Financing from non- eligible itemsitems which are not.
(iii) Copies of certified bid tabulations or contracts verifying the contractor’s bid on items eligible items. Such tabulations or contracts must for Public Financing, clearly differentiate differentiating items by eligible and non-eligible itemsfor Public Financing from items which are not.
(b) During the Term, Developer shall submit Certifications of Expenditures for those expenditures made in connection with the TDD Improvements and the CID Improvements on not more frequently than a quarterly basis, and shall submit Certificate of Expenditures for any expenditure made in connection with a TDD Improvement or a CID Improvement within one-hundred eighty (180) days of incurring such expenditure. The City will have no obligation to review or approve Certificates of Expenditure, or to reimburse Developer for Improvement Costs stated therein, which are not timely submitted.
(c) Each Certificate of Expenditure shall be accompanied by such bills, contracts, invoices, lien waivers and other evidence as the City shall reasonably require to document appropriate payment and shall include an overall cost summary, as well as a cost summary for each division of work (i.e., grading, erosion control, roadway, sanitary sewer and storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. Each Certificate of Expenditure shall also be accompanied by an updated Project Budget as set forth on Exhibit F N M including any changes permitted by Section 4.03 below.
(c) Each Certificate of Expenditure shall also include evidence of payment and cost breakdowns for Project Costs paid with Private Funds in an amount which is at least equal to the reimbursements requested from CID Pay-As-You-Go Financing reimbursements in the Certificate of Expenditure, plus any prior Certificates of Expenditure in order to satisfy the 50/50 Limitation.
(d) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certificate of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of CID Improvements to be paid, and to obtain from such parties such other information as is reasonably necessary for the City to evaluate compliance with the terms hereof. The Developer hereby agrees to pay all actual and verifiable expenses incurred by the City pursuant to this subsection (c).
(e) The City shall have sixty (60) calendar days after receipt of any Certificate of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certificate of Expenditure directly relates to the CID Improvements; (2) the expense was incurred; (3) Developer is not in default under this Agreement; (4) the expense is not prohibited by the terms and conditions of Section 3.04 hereof; and (5) there is no fraud on the part of the Developer, then the City shall approve the Certificate of Expenditure and reimburse the Developer for financing the cost of the CID Improvements pursuant to the terms of this Agreement. If the City disapproves of the Certificate of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period.
(f) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit Certificates of Expenditure for those expenditures made prior to the execution of this Agreement in connection with the CID Improvements, if any. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the CID Improvements on a quarterly basis, and shall submit a Certificate of Expenditures for any expenditure made in connection with a CID Improvement within one-hundred eighty (180) days of incurring such expenditure.Section
Appears in 1 contract
Samples: Development Agreement