Common use of Certification of Expenditures Clause in Contracts

Certification of Expenditures. Developer shall certify all costs and expenditures made in connection with the TDD Improvements in accordance with the following: (a) The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD Improvements. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. A scalable “General Layout” plan sheet showing the general layout and location of the TDD eligible items. Non-eligible items shall be clearly differentiated from eligible items. 2. A summary of plan quantities delineating the eligible items from non-eligible items. 3. 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 Certification 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. (c) The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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). (d) The City shall have sixty (60) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD Improvements; (2) the Eligible Expense was incurred; (3) Developer is not in default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreement. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period. (e) Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD Improvements. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the TDD Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD Improvement within one-hundred eighty (180) days of incurring such expenditure.

Certification of Expenditures. Developer shall certify all costs and expenditures to be made in connection with the TDD Improvements in accordance with the following: (a) 1. The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J F setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD ImprovementsImprovement. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. (a) A scalable “General Layout” plan sheet showing the general layout and location of the TDD eligible items. Non-eligible items shall be clearly differentiated from eligible items. 2. (b) A summary of plan quantities delineating the eligible items from non-non- eligible items. 3. (c) 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 and. non-eligible items. (b) 2. Each Certification 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. (c) 3. The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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)paragraph 3. (d) 4. The City shall have sixty (60) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD Improvements; (2) the Eligible Expense expense was incurred; (3) Developer is not in default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreement. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period. (e) 5. Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD Improvements. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the TDD Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD Improvement within one-hundred eighty (180) days of incurring such expenditure.

Certification of Expenditures. Developer shall certify all costs and expenditures to be made in connection with the TDD Improvements in accordance with the following: (a) 1. The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J F setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD ImprovementsImprovement. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. (a) A scalable “General Layout” plan sheet showing the general layout and location of the TDD eligible items. Non-eligible items shall be clearly differentiated from eligible items. 2. (b) A summary of plan quantities delineating the eligible items from non-non- eligible items. 32. 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 Certification 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.for example, 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. (c) 3. The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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)paragraph 3. (d) 4. The City shall have sixty (60) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD Improvements; (2) the Eligible Expense expense was incurred; (3) Developer is not in default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreementusing TDD Bond Proceeds. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) 30-day period. 5. Within ninety (e) Within one-hundred eighty (18090) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD Improvements. During the Term, the Developer shall endeavor to submit Certifications a Certification of Expenditures for those expenditures made in connection with the TDD Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD Improvement within one-hundred eighty sixty (18060) days of incurring such each expenditure.

Certification of Expenditures. Developer shall certify all costs and expenditures to be made in connection with the TDD CID Improvements in accordance with the following: (a) 1. The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J F setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD ImprovementsCID Improvement. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. (a) A scalable “General Layout” plan sheet showing the general layout and location of the TDD CID eligible items. Non-eligible items shall be clearly differentiated from eligible items. 2. (b) A summary of plan quantities delineating the eligible items from non-non- eligible items. 3. (c) 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 and. non-eligible items. (b) 2. Each Certification 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, or some other commercially reasonable method acceptable to the City. (c) 3. The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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)paragraph 3. (d) 4. The City shall have sixty (60) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD CID Improvements; (2) the Eligible Expense expense was incurred; (3) Developer is not in default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD CID Improvements pursuant to the terms of this Agreement. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) day period. (e) 5. Within one-hundred eighty (180) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD CID Improvements. During the Term, the Developer shall endeavor to submit Certifications of Expenditures for those expenditures made in connection with the TDD CID Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD CID Improvement within one-hundred eighty (180) days of incurring such expenditure.

Certification of Expenditures. Developer shall certify all costs and expenditures to be made in connection with the TDD Improvements in accordance with the following: (a) 1. The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J D setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD ImprovementsImprovement. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. (a) A scalable “General Layout” plan sheet showing the general layout and location of the TDD eligible items. Non-eligible items shall be clearly differentiated from eligible items. 2. (b) A summary of plan quantities delineating the eligible items from non-non- eligible items. 3. (c) 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) 2. Each Certification 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., i/e/ grading, erosion control, roadway, sanitary sewer and sewer, storm sewer). The cost breakdown shall include the quantity, unit price and price extension for each eligible item requested for reimbursement. (c) 3. The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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)paragraph 3. (d) 4. The City shall have sixty thirty (6030) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD Improvements; (2) the Eligible Expense expense was incurred; (3) Developer is not in default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreement. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) 30-day period. 5. Within ninety (e) Within one-hundred eighty (18090) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD Improvements. During the Term, the Developer shall endeavor to submit Certifications a Certification of Expenditures for those expenditures made in connection with the TDD Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD Improvement within one-hundred eighty ninety (18090) days of incurring such each expenditure.

Certification of Expenditures. Developer shall certify all costs and expenditures to be made in connection with the TDD Improvements in accordance with the following: (a) 1. The Developer shall submit to the City a Certification of Expenditure in the form attached hereto as Exhibit J F setting forth the amount for which reimbursement is sought and an itemized listing of the related TDD Improvements. Prior to or concurrently with the first Certification of Expenditure submitted to the City, the Developer shall submit plan documentation to assist the City in reviewing the Certificate of Expenditures. Such documentation shall include, but may not be limited to: 1. A scalable “General Layout” plan sheet showing the general layout and location of the TDD eligible items. Non-eligible items shall be clearly differentiated from eligible itemsImprovement. 2. A summary of plan quantities delineating the eligible items from non-eligible items. 3. 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 Certification 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 reimbursementpayment. (c) 3. The City reserves the right to have its engineer, City staff or other agents or employees inspect all work in respect of which a Certification of Expenditure is submitted, to examine the Developer’s and other’s records relating to all costs of TDD 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)paragraph 3. (d) 4. The City shall have sixty (60) calendar days after receipt of any Certification of Expenditure to review and respond by written notice to the Developer. If the submitted documentation demonstrates that: (1) the Certification of Expenditure relates to the TDD Improvements; (2) the Eligible Expense expense was incurred; (3) Developer is not in material default under this Agreement; and (4) there is no fraud on the part of the Developer, then the City shall approve the Certification of Expenditure and reimburse the Developer for financing the cost of the TDD Improvements pursuant to the terms of this Agreementusing TDD Bond Proceeds. If the City reasonably disapproves of the Certification of Expenditure, the City shall notify the Developer in writing of the reason for such disapproval within such sixty (60) 30-day period. 5. Within ninety (e) Within one-hundred eighty (18090) days of execution of this Agreement, the Developer shall submit a Certification of Expenditures for those expenditures made prior to the execution of this Agreement in connection with the TDD Improvements. During the Term, the Developer shall endeavor to submit Certifications a Certification of Expenditures for those expenditures made in connection with the TDD Improvements on a quarterly basis, and shall submit a Certification of Expenditures for any expenditure made in connection with a TDD Improvement within one-hundred eighty sixty (18060) days of incurring such each expenditure.