Common use of Reimbursement Process Clause in Contracts

Reimbursement Process. A. All requests for reimbursement of Developer Reimbursable Project Costs shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer in writing within said 60-day period, identifying the ineligible cost and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursement, and the time limits set forth in this paragraph shall be extended by the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligible.

Reimbursement Process. A. All requests for reimbursement a. OEM shall reimburse Subrecipient’s actual, reasonable and necessary costs of Developer Reimbursable developing the Project (the “Project Costs”) in an amount not to exceed the Grant Fund amount provided in Section 3. Project Costs do not include those costs that are excluded from reimbursement by either OEM or FEMA under this Agreement or as a result of a financial review or audit. Reimbursements shall be made in by OEM within ninety (90) days of OEM’s receipt and approval of a Request for Reimbursement of Funds form (the “RfR”) and all supporting documentation (i.e., a complete packet) from Subrecipient. Subrecipient must pay its contractors, consultants and vendors before submitting RfRs to OEM for reimbursement. b. No later than the end of each calendar quarter (March 31, June 30, September 30, and December 31), Subrecipient shall submit an Application RfR to OEM for Reimbursable review and approval. Each RfR shall include the appropriate Hazard Mitigation Assistance Project Number, FEMA Project Number, FEMA FIPS Number and UEI Number, as well as supporting invoices and other appropriate documentation evidencing the Project Costs in substantial compliance with Exhibit F. The Developer shallfor which reimbursement is sought, at the Citye.g., timesheets/work logs for labor hours and receipts and other proof of Subrecipient’s request, provide itemized invoices, receipts or other information reasonably requested payment to vendors. RfRs must be based on actual expenses incurred and specify the c. OEM will withhold reimbursements for Project Costs if Subrecipient fails to submit performance reports by the City to confirm that any such cost is so incurred and does so qualify. The Parties agree that Developer Reimbursable Project Costsspecified deadlines or if the performance reports submitted are incomplete. d. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon, to however, travel expenses must be a part of the extent actually incurred by Developer approved budget for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible project. Requests for reimbursement in accordance for travel must be supported with a detailed statement identifying the TIF Act and this Agreementperson who traveled, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) purpose of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budgettravel, the City shall so notify the Developer in writing within said 60-day perioddates, identifying the ineligible cost times, and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations places of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursementtravel, and the time limits set forth actual expenses or authorized rates incurred. e. Reimbursements will only be made for actual expenses incurred during the Grant Award Period provided in this paragraph shall Section 1. Subrecipient agrees that no Grant Funds or, if applicable, match funds may be extended by used for expenses incurred before or after the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligibleGrant Award Period.

Reimbursement Process. A. All requests for reimbursement a. OEM shall reimburse Subrecipient’s actual, reasonable and necessary costs of Developer Reimbursable developing the Project (the “Project Costs”) in an amount not to exceed the Grant Fund amount provided in Section 3. Project Costs do not include those costs that are excluded from reimbursement by either OEM or FEMA under this Agreement or as a result of a financial review or audit. Reimbursements shall be made in by OEM within ninety (90) days of OEM’s receipt and approval of a Request for Reimbursement of Funds form (the “RfR”) and all supporting documentation (i.e., a complete packet) from Subrecipient. Subrecipient must pay its contractors, consultants and vendors before submitting RfRs to OEM for reimbursement. b. No later than the end of each calendar quarter (March 31, June 30, September 30, and December 31), Subrecipient shall submit an Application RfR to OEM for Reimbursable review and approval. Each RfR shall include the appropriate Hazard Mitigation Assistance Project Number, FEMA Project Number, FEMA FIPS Number and UEI Number, as well as supporting invoices and other appropriate documentation evidencing the Project Costs in substantial compliance with Exhibit F. The Developer shallfor which reimbursement is sought, at the Citye.g., timesheets/work logs for labor hours and receipts and other proof of Subrecipient’s request, provide itemized invoices, receipts or other information reasonably requested by the City payment to confirm that any such cost is so vendors. RfRs must be based on actual expenses incurred and does so qualifyspecify the percentage of Project completion. The Parties agree that Developer Reimbursable Project Costs, Subrecipient’s deadline to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) its final RfR is 30 days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) earlier of the TIF Act Project Completion Date or is the Expiration Date, whichever occurs first. c. OEM will withhold reimbursements for Project Costs if Subrecipient fails to submit performance reports by the specified deadlines or if the performance reports submitted are incomplete. d. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon, however, travel expenses must be a “TIF Reimbursable Project Cost” pursuant to part of the Project Budgetapproved budget for the project. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the City shall so notify purpose of the Developer in writing within said 60-day periodtravel, identifying the ineligible cost dates, times, and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations places of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursementtravel, and the time limits set forth actual expenses or authorized rates incurred. e. Reimbursements will only be made for actual expenses incurred during the Grant Award Period provided in this paragraph shall Section 1. Subrecipient agrees that no Grant Funds or, if applicable, match funds may be extended by used for expenses incurred before or after the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligibleGrant Award Period.

Reimbursement Process. A. All requests for reimbursement (a) Beginning after the certificate of Developer Reimbursable Project Costs shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred occupancy has been issued and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement redevelopment has been substantially completed in accordance with the TIF Act and this Agreementapproved site plan, although including substantial compliance with the City’s obligation conditions of site plan approval, the Owner shall submit to reimburse Developer the ELBRA a detailed written statement outlining the costs of Eligible Activities undertaken pursuant to the Plan. The lack of substantial compliance with the site plan or conditions of site plan approval shall not be a bar to a petition for reimbursement if it is due to some act beyond the control of Owner. The request for reimbursement shall be as provided in paragraph B the form reasonably designated by the administrative staff of this Section. B. In no event will the City’s total obligation for reimbursement exceed ELBRA and consistent with the limitations budget set forth in Section 3.01the Plan (“Approved Budget”). The reimbursable amounts listed Petition shall identify the Eligible Activities consistent with the Plan. The Petition shall describe each individual activity claimed as an Eligible Activity and the associated costs of each individual activity. Documentation of the costs incurred shall be included with the Petition, including proof of payment (e.g., canceled checks or lien waivers) and detailed invoices for the costs incurred sufficient to determine whether the cost incurred were for Eligible Activities. The Petition shall be signed by a duly authorized representative of Owner and the representations, facts and documentation included therein shall be sworn to as accurate in the Project Budget do not represent caps on any individual expenditure presence of a notary. (b) Petitions shall be reviewed by the ELBRA within a reasonable time or category of expendituresas required under the Xxxxxxxxxx Redevelopment Financing Act, but in no event later than 30 days after submission by Owner. Owner shall cooperate in the review by the ELBRA by providing information and documentation to supplement the Petition as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to reasonably deemed necessary by the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs ELBRA. The ELBRA shall reimburse those Eligible Expenses set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept Approved Budget or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer identify in writing within said 60-day period, identifying the to Owner any costs deemed ineligible cost for reimbursement and the basis for determining the determination. Owner shall be given 45 days in which to provide supplemental information or documents in support of a request for cost reimbursement deemed ineligible by the ELBRA. Any disputes relating to this matter that cannot be ineligibleresolved within 30 days thereafter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided, whereupon however, that any request for injunctive relief shall not be submitted to arbitration. (c) After the Developer taxes are captured and collected, the ELBRA shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application pay approved costs for payment, subject Eligible Activities to the limitations Owner from the taxes earmarked in accordance with the Plan and as adopted and amended by the East Lansing City Council to the extent that taxes have been captured and are available in that fiscal year (less ELBRA administrative expenses per the Plan and Section 7 of this Agreementagreement) to reimburse approved costs of Eligible Activities. The Reimbursement will be made at the next scheduled check processing date according to the schedule established by the City may also request such additional information of East Lansing’s Finance Department. (d) In the event there are insufficient funds available from Developer as may be required taxes captured from the sources identified herein to process fully reimburse the requested reimbursementOwner for approved costs at a particular time from taxes captured from the sources identified herein for the Owner, ELBRA’s repayment obligation shall carry forward to the next period in which funds are available and the time limits set forth in this paragraph repayment shall be extended made at that time. In the event sufficient captured taxes are not available during the repayment period to fully reimburse the Owner, repayment shall be made only to the extent captured property taxes are received by ELBRA. (e) The ELBRA shall withhold reimbursement of Tax Increment Revenues if there are any delinquent real property taxes outstanding for the duration Property regardless of time necessary for Developer to respond to such request by the City. The City’s identification tax year or if the property falls out of substantial compliance with the approved site plan or any ineligible costs shall not delay of the City’s conditions of approval of the remaining costs on site plan unless lack of substantial compliance is beyond the Application control of Owner. Upon payment of all delinquent real property taxes, the ELBRA shall effectuate reimbursement of available Tax Increment Revenues for Reimbursable Project Eligible Costs that provided all other terms under this agreement are met. (f) Reimbursement of Costs of Eligible Activities shall be effectuated: For the City determines Owner, checks shall be made payable to be eligible.the following: HB BM East Lansing, LLC 0000 Xxxxxxxxxx Xxxxxx Xxxxxxxxxx, XX 00000

Reimbursement Process. A. All requests for reimbursement a. OEM shall reimburse Subrecipient’s actual, reasonable and necessary costs of Developer Reimbursable developing the Project (the “Project Costs”) in an amount not to exceed the Grant Fund amount provided in Section 3. Project Costs do not include those costs that are excluded from reimbursement by either OEM or FEMA under this Agreement or as a result of a financial review or audit. Reimbursements shall be made in by OEM within forty-five (45) days of OEM’s receipt and approval of a Request for Reimbursement of Funds form (the “RfR”) from Subrecipient. Subrecipient must pay its contractors, consultants and vendors before submitting RfRs to OEM for reimbursement. b. Not later than the end of each calendar quarter (March 31, June 30, September 30, and December 31), Subrecipient shall submit an Application RfR to OEM for Reimbursable review and approval. Each RfR shall include the appropriate Hazard Mitigation Assistance Project Number, FEMA Project Number, FEMA FIPS Number and DUNS Number, as well as supporting invoices and other appropriate documentation evidencing the Project Costs in substantial compliance with Exhibit F. The Developer shallfor which reimbursement is sought, at the Citye.g., timesheets/work logs for labor hours and receipts and other proof of Subrecipient’s request, provide itemized invoices, receipts or other information reasonably requested by the City payment to confirm that any such cost is so vendors. RfRs must be based on actual expenses incurred and does so qualifyspecify the percentage of Project completion. The Parties agree that Developer Reimbursable Project Costs, Subrecipient’s deadline to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) its final RfR is 30 days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) earlier of the TIF Act Project Completion Date or is not a “TIF Reimbursable Project Cost” pursuant to the Project BudgetExpiration Date, the City shall so notify the Developer in writing within said 60-day period, identifying the ineligible cost and the basis whichever occurs first. c. OEM will withhold reimbursements for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with if Subrecipient fails to submit performance reports by the specified deadlines or if the performance reports submitted are incomplete. d. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon, however, travel expenses must be a supplemental application part of the approved budget for paymentthe project. Requests for e. Reimbursements will only be made for actual expenses incurred during the Grant Award Period provided in Section 1. Subrecipient agrees that no grant or, subject to the limitations of this Agreement. The City may also request such additional information from Developer as if applicable, match funds may be required to process used for expenses incurred before or after the requested reimbursement, and the time limits set forth in this paragraph shall be extended by the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligibleGrant Award Period.

Reimbursement Process. A. All requests (a) The City shall annually disburse funds to reimburse the Developer for reimbursement of Developer Reimbursable Improvement Area A-1.1 Project Costs, Improvement Area A-1.2 Project Costs, Improvement Area A-1.3 Project Costs, Improvement Area C-1 Project Costs, Improvement Area C-2 Project Costs, Improvement Area C-3 Project Costs and Future Improvement Area Project Costs from the applicable subaccount upon: (i) Completion of Construction of the respective Improvement Area A-1.1 Projects, Improvement Area A-1.2 Projects and Improvement Area A-1.3 Projects, Improvement Area C-1 Projects, Improvement Area C-2 Projects, Improvement Area C-3 Projects, and Future Improvement Area Projects; (ii) acceptance by the City of the related Improvement Area A-1.1 Projects, Improvement Area A-1.2 Projects, Improvement Area A-1.3 Projects, Improvement Area C-1 Projects, Improvement Area C-2 Projects, Improvement Area C-3 Project, and Future Improvement Area Projects; and (iii) approval by the City of a completed Reimbursement Request. (b) Approval of a Reimbursement Request is subject to the Developer providing sufficient documentation of Actual Costs. The City shall review the sufficiency of each Reimbursement Request with respect to compliance with this Agreement, and the City Regulations. (c) The City shall review each Reimbursement Request within thirty (30) business days and upon approval and once verification of each cost detailed in the Reimbursement Request has occurred, including on-site confirmation by City staff, the Reimbursement Request shall be made in an Application forwarded for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shallapproval to the appropriate City officials. (d) Upon approval, at the Reimbursement Request shall be submitted to the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer finance department for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance payment with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. next annual payment. In no event will the City’s total obligation for City reimburse more than the Reimbursement Cap. (e) If the City timely disapproves or questions the correctness or authenticity of the reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, request by delivering a detailed notice to the full extent permitted by lawDeveloper, then payment with respect to reflect actual expenditures, subject to disputed portion(s) of the limitations on Reimbursement Request shall not be made until the Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to and the City Manager not more often than once each calendar monthhave jointly settled such dispute. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer in writing within said 60-day period, identifying the ineligible cost and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right meet promptly and cooperate to identify and substitute other Redevelopment Project Costs resolve any such disputes as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations of this Agreement. The City may also request such additional information from Developer expeditiously as may be required to process the requested reimbursement, and the time limits set forth in this paragraph shall be extended by the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligiblepossible.

Reimbursement Process. A. All requests for reimbursement (a) Beginning after the certificate of Developer Reimbursable Project Costs shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred occupancy has been issued and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement redevelopment has been substantially completed in accordance with the TIF Act and this Agreementapproved site plan, although including substantial compliance with the City’s obligation conditions of site plan approval, the Petitioner shall submit to reimburse Developer the ELBRA a detailed written statement outlining the costs of Eligible Activities undertaken pursuant to the Plan. The request for reimbursement shall be as provided in paragraph B the form reasonably designated by the administrative staff of this Section. B. In no event will the City’s total obligation for reimbursement exceed ELBRA and consistent with the limitations budget set forth in Section 3.01the Plan (“Approved Budget”). The reimbursable amounts listed Petition shall identify the Eligible Activities consistent with the Plan. The Petition shall describe each individual activity claimed as an Eligible Activity and the associated costs of each individual activity. Documentation of the costs incurred shall be included with the Petition, including proof of payment (e.g., canceled checks or lien waivers) and detailed invoices for the costs incurred sufficient to determine whether the cost incurred were for Eligible Activities. The Petition shall be signed by a duly authorized representative of Petitioner and the representations, facts and documentation included therein shall be sworn to as accurate in the Project Budget do not represent caps on any individual expenditure presence of a notary. (b) Petitions shall be reviewed by the ELBRA within a reasonable time or category of expendituresas required under the Xxxxxxxxxx Redevelopment Financing Act, but in no event later than 30 days after submission by Petitioner. Petitioner shall cooperate in the review by the ELBRA by providing information and documentation to supplement the Petition as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to reasonably deemed necessary by the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs ELBRA. The ELBRA shall reimburse those Eligible Expenses set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept Approved Budget or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer identify in writing within said 60-day period, identifying the to Petitioner any costs deemed ineligible cost for reimbursement and the basis for determining the determination. Petitioner shall be given 45 days in which to provide supplemental information or documents in support of a request for cost reimbursement deemed ineligible by the ELBRA. Any disputes relating to this matter that cannot be ineligibleresolved within 30 days thereafter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided, whereupon however, that any request for injunctive relief shall not be submitted to arbitration. (c) After the Developer taxes are captured and collected, the ELBRA shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application pay approved costs for payment, subject Eligible Activities to the limitations Petitioner from the taxes earmarked in accordance with the Plan and as adopted and amended by the East Lansing City Council to the extent that taxes have been captured and are available in that fiscal year (less ELBRA administrative expenses per the Plan and Section 7 of this Agreementagreement) to reimburse approved costs of Eligible Activities. The Reimbursement will be made at the next scheduled check processing date according to the schedule established by the City may also request such additional information of East Lansing’s Finance Department. (d) In the event there are insufficient funds available from Developer as may be required taxes captured from the sources identified herein to process fully reimburse the requested reimbursementPetitioner for approved costs at a particular time from taxes captured from the sources identified herein for the Petitioner, ELBRA’s repayment obligation shall carry forward to the next period in which funds are available and the time limits set forth in this paragraph repayment shall be extended made at that time. In the event sufficient captured taxes are not available during the repayment period to fully reimburse the Petitioner, repayment shall be made only to the extent captured property taxes are received by ELBRA. (e) The ELBRA shall withhold reimbursement of Tax Increment Revenues if there are any delinquent real property taxes outstanding for the duration Property regardless of time necessary for Developer to respond to such request by the City. The City’s identification tax year or if the property falls out of substantial compliance with the approved site plan or any ineligible costs shall not delay of the City’s conditions of approval of the remaining costs on site plan unless lack of substantial compliance is beyond the Application control of petitioner. Upon payment of all delinquent real property taxes, the ELBRA shall effectuate reimbursement of available Tax Increment Revenues for Reimbursable Project Eligible Costs that provided all other terms under this agreement are met. (f) Reimbursement of Costs of Eligible Activities shall be effectuated: For the City determines Petitioner, checks shall be made payable to be eligible.the following: United Hospitality Group East Lansing, LLC Att: Xxx Xxxx 000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx XX 00000

Reimbursement Process. A. All requests for reimbursement (a) Beginning after the Letter of Developer Reimbursable Project Costs shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred Approval has been issued and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement redevelopment has been substantially completed in accordance with the TIF Act approved site plan, including substantial compliance with the conditions of site plan approval for Building A and this AgreementBuilding D and the Infrastructure Improvements, although Owner shall submit to the City’s obligation ELBRA a detailed written statement outlining the costs of Eligible Activities undertaken pursuant to reimburse Developer the Plan (“Petition”). The request for reimbursement shall be as provided in paragraph B the form reasonably designated by the administrative staff of this Section. B. In no event will the City’s total obligation for reimbursement exceed ELBRA and consistent with the limitations budget set forth in Section 3.01the Plan (“Approved Budget”). The reimbursable amounts listed Petition shall identify the Eligible Activities for Buildings A, D, and the Infrastructure Improvements consistent with the Plan. The Petition shall describe each individual activity claimed as an Eligible Activity and the associated costs of each individual activity. Documentation of the costs incurred shall be included with the Petition, including proof of payment (e.g., canceled checks or lien waivers) and detailed invoices for the costs incurred sufficient to determine whether the cost incurred were for Eligible Activities. The Petition shall be signed by a duly authorized representative of Owner, and the representations, facts and documentation included therein shall be sworn to as accurate in the Project Budget do not represent caps on any individual expenditure presence of a notary. (b) The Petition shall be reviewed by the ELBRA within a reasonable time or category of expendituresas required under the Xxxxxxxxxx Redevelopment Financing Act, but in no event later than 30 days after submission by Owner. Owner and the DDA shall cooperate in the review by the ELBRA by providing information and documentation to supplement the Petition as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to reasonably deemed necessary by the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs ELBRA. The ELBRA shall reimburse those Eligible Expenses set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept Approved Budget in accordance with paragraph (c) below or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer identify in writing within said 60-day period, identifying to Owner and/or the DDA any costs deemed ineligible cost for reimbursement and the basis for determining the determination. Owner and/or the DDA shall be given 45 days in which to provide supplemental information or documents in support of a request for cost reimbursement deemed ineligible by the ELBRA. Any disputes relating to this matter that cannot be ineligibleresolved within 30 days thereafter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided, whereupon however, that any request for injunctive relief shall not be submitted to arbitration. (c) After the Developer taxes are captured and collected, the ELBRA shall have pay approved costs for Eligible Activities to Owner from the right to identify taxes earmarked in accordance with the Plan and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject adopted by the East Lansing City Council to the limitations extent that taxes have been captured and are available in that fiscal year (less ELBRA administrative expenses per the Plan and Section 7 of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursementagreement, and less DDA capture retention as outlined in Schedule 3 of the Interlocal Agreement) to reimburse approved costs of Eligible Activities. Reimbursement will be made at the next scheduled check processing date according to the schedule established by the City of East Lansing’s Finance Department. (d) In the event there are insufficient funds available from taxes captured from the sources identified herein to fully reimburse Owner for approved costs at a particular time limits set forth from taxes captured from the sources identified herein for Owner, XXXXX’s repayment obligation shall carry forward to the next period in this paragraph which funds are available and repayment shall be extended made at that time. In the event sufficient captured taxes are not available during the repayment period to fully reimburse Owner, repayment shall be made only to the extent captured property taxes are received by XXXXX. (e) The ELBRA shall withhold reimbursement of Tax Increment Revenues if there are any delinquent real property taxes outstanding for the duration Property regardless of time necessary for Developer to respond to such request by the City. The City’s identification tax year or if the property falls out of substantial compliance with the approved site plan or any ineligible costs shall not delay of the City’s conditions of approval of the remaining costs on site plan unless lack of substantial compliance is beyond the Application control of Owner. Upon payment of all delinquent real property taxes, the ELBRA shall effectuate reimbursement of available Tax Increment Revenues for Reimbursable Project Eligible Costs that provided all other terms under this agreement are met. (f) Reimbursement of Costs of Eligible Activities shall be effectuated: For Owner, checks shall be made payable to the City determines to be eligible.following: 100 Grand River LLC Att’n: Xxxxx X. Xxxxxx 000 Xxxx Xxxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000

Reimbursement Process. A. All requests for reimbursement of Developer Reimbursable Project Costs shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. G. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information information, if any, reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. The Parties agree that Developer Reimbursable Project Costs, to the extent actually incurred by Developer for the Work Project and certified by the City, up to the maximum amounts allowed by Section 3.01Reimbursable Project Costs Cap, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01total Reimbursable Project Costs Cap, plus any Administrative Costs and Financing Costs. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” reimbursable line item or category to another, and between the “TIF Reimbursable” and “CID Reimbursable” columns of the Project Budget, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs Cap. Any reimbursable amounts associated with Soft Costs in the Project Budget set forth in SectionExhibit C can be moved to non-Soft Cost line items and categories for purposes of reimbursement without obtaining the City’s consent. The total reimbursement of Soft Costs may not exceed one hundred ten percent (110%) of the total amount of budgeted Soft Costs set forth on the Project Budget without written consent of the City, which shall not be unreasonably withheld or delayed. C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager Administrator not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty thirty (6030) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Redevelopment Project Cost is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act or is not a “TIF Reimbursable Project CostReimbursable” pursuant to the Project Budget, the City shall so notify the Developer in writing within said 6030-day period, identifying the ineligible cost and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursement, and the time limits set forth in this paragraph shall be extended by the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligible.

Reimbursement Process. A. All requests for reimbursement of Developer Reimbursable Project Costs 1. APQ shall be made in an Application for Reimbursable Project Costs in substantial compliance with Exhibit F. The Developer shall, at the City’s request, provide itemized invoices, receipts or other information reasonably requested by the City to confirm that any such cost is so incurred and does so qualify. The Parties agree that Developer Reimbursable Project Costs, periodically submit to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not Authority a “redevelopment project costRequest for Cost Reimbursement” under Section 99.805(15) of Eligible Activities paid for by APQ during the TIF Act or is not a “TIF Reimbursable Project Cost” pursuant to the Project Budget, the City shall so notify the Developer in writing within said 60-day period, identifying the ineligible cost and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations term of this Agreement. The City may also request such additional information from Developer All costs for the Eligible Activities must be consistent with the approved Xxxxxxxxxx Plan Amendment. APQ must include documentation sufficient for the Authority to determine whether the costs incurred were for Eligible Activities, including detailed construction draws or invoices and proof of payment or lien waivers. Copies of all invoices for Eligible Activities must note what Eligible Activities they support. 2. Within forty-five (45) days after a Request for Cost Reimbursement has been reviewed and approved by the City’s or Authority’s engineer as may be required in Section 7.a and reviewed and approved by the Authority or designate as to process the requested reimbursementwhether it is an “eligible expense”, and after the time limits set forth in Authority or City has been fully paid for roads, water mains and sewer mains, the Authority shall pay to APQ the amounts for which submissions have been made pursuant to this paragraph shall be extended by Agreement, less a 10% retainage until all of the duration of time necessary for Developer to respond to such request water mains, sewer mains and road construction is completed and accepted by the City. The Authority’s obligation to pay APQ is limited to available Xxxxxxxxxx TIF Revenue from the Property. 3. All requests for Cost reimbursement submitted by APQ for each approved Addendum between City, APQ, and the City of Muskegon Xxxxxxxxxx Redevelopment Authority and all requests for cost reimbursement submitted by future owners of all or a portion of the APQ Property pursuant to a separate Development and Reimbursement Agreement(s), shall be reimbursed in the order in which they are received by the City of Muskegon Xxxxxxxxxx Redevelopment Authority from the portion of the Xxxxxxxxxx TIF revenue, excluding the portion to be paid to City which shall be paid first, as described above. 4. The Parties shall cooperate with the Authority’s identification review by providing information and documentation to supplement the Request for Cost Reimbursement which may be reasonably requested by the Authority during its review period. 5. All or any portion of any ineligible costs Request for Cost Reimbursement that is not paid within 45 days after receipt by the Authority shall accrue simple interest at the rate of five percent (5%) per annum from the date the Request for Cost Reimbursement is submitted to the Authority for payment until the earlier of the date of full reimbursement, including interest. The payment of interest shall be subject to the following limitations (i) to the extent there is not sufficient Xxxxxxxxxx TIF Revenue captured and collected in a fiscal year and permitted to be used to pay interest accruing in such fiscal year, any unpaid interest shall not delay be paid, but shall carry over to the City’s approval next fiscal year, (ii) interest carried over to subsequent fiscal years shall not accrue interest (i.e., no interest on interest), and (iii) interest on School Taxes captured shall only be payable to the extent permitted by the Michigan Strategic Fund (“MSF”) and/or the Michigan Department of Environment, Great Lakes and Energy (“MEGLE”). 6. The Authority shall have no obligation to reimburse the City or any other entity for Eligible Costs or interest from Xxxxxxxxxx TIF Revenue captured after 35 years after the date of the remaining costs on adoption of the Application for Reimbursable Project Costs that the City determines to be eligibleDevelopment and Reimbursement Agreement.

Reimbursement Process. A. All requests for reimbursement a. OEM shall reimburse Subrecipient’s actual, reasonable and necessary costs of Developer Reimbursable developing the Project (the “Project Costs”) in an amount not to exceed the Grant Fund amount provided in Section 3. Project Costs do not include those costs that are excluded from reimbursement by either OEM or FEMA under this Agreement or as a result of a financial review or audit. Reimbursements shall be made in by OEM within forty-five (45) days of OEM’s receipt and approval of a Request for Reimbursement of Funds form (the “RfR”) from Subrecipient. Subrecipient must pay its contractors, consultants and vendors before submitting RfRs to OEM for reimbursement. b. No later than the end of each calendar quarter (March 31, June 30, September 30, and December 31), Subrecipient shall submit an Application RfR to OEM for Reimbursable review and approval. Each RfR shall include the appropriate Hazard Mitigation Assistance Project Number, FEMA Project Number, FEMA FIPS Number and DUNS Number, as well as supporting invoices and other appropriate documentation evidencing the Project Costs in substantial compliance with Exhibit F. The Developer shallfor which reimbursement is sought, at the Citye.g., timesheets/work logs for labor hours and receipts and other proof of Subrecipient’s request, provide itemized invoices, receipts or other information reasonably requested by the City payment to confirm that any such cost is so vendors. RfRs must be based on actual expenses incurred and does so qualifyspecify the percentage of Project completion. The Parties agree that Developer Reimbursable Project Costs, Subrecipient’s deadline to the extent actually incurred by Developer for the Work and certified by the City, up to the maximum amounts allowed by Section 3.01, are eligible for reimbursement in accordance with the TIF Act and this Agreement, although the City’s obligation to reimburse Developer shall be as provided in paragraph B of this Section. B. In no event will the City’s total obligation for reimbursement exceed the limitations set forth in Section 3.01. The reimbursable amounts listed in the Project Budget do not represent caps on any individual expenditure or category of expenditures, as reimbursable amounts may be moved from one “TIF Reimbursable Project Cost” line item or category to another, to the full extent permitted by law, to reflect actual expenditures, subject to the limitations on Developer Reimbursable Project Costs set forth in Section C. The Developer may submit an Application for Reimbursable Project Costs to the City Manager not more often than once each calendar month. The City shall either accept or reject each Application for Reimbursable Project Costs within sixty (60) its final RfR is 30 days after the submission thereof. If the City determines that any cost identified as a Developer Reimbursable Project Cost is not a “redevelopment project cost” under Section 99.805(15) earlier of the TIF Act Project Completion Date or is the Expiration Date, whichever occurs first. c. OEM will withhold reimbursements for Project Costs if Subrecipient fails to submit performance reports by the specified deadlines or if the performance reports submitted are incomplete. d. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon, however, travel expenses must be a “TIF Reimbursable Project Cost” pursuant to part of the Project Budgetapproved budget for the project. Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the City shall so notify purpose of the Developer in writing within said 60-day periodtravel, identifying the ineligible cost dates, times, and the basis for determining the cost to be ineligible, whereupon the Developer shall have the right to identify and substitute other Redevelopment Project Costs as Developer Reimbursable Project Costs with a supplemental application for payment, subject to the limitations places of this Agreement. The City may also request such additional information from Developer as may be required to process the requested reimbursementtravel, and the time limits set forth actual expenses or authorized rates incurred. e. Reimbursements will only be made for actual expenses incurred during the Grant Award Period provided in this paragraph shall Section 1. Subrecipient agrees that no grant or, if applicable, match funds may be extended by used for expenses incurred before or after the duration of time necessary for Developer to respond to such request by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of the remaining costs on the Application for Reimbursable Project Costs that the City determines to be eligibleGrant Award Period.