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Resolution 2020-25
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Resolution 2020-25
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Last modified
5/7/2024 3:12:03 PM
Creation date
3/27/2020 8:32:47 AM
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Template:
City Council Records
Also Known As (aka)
Public Infrastructure Assistance Agreement between the City_Revitalization Commission and 824 South Inc
Doc Type
Resolution
Signed Date
3/17/2020
Ord/Res - Year
2020
Ord/Res - Number
25
Original Hardcopy Storage
9C5
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provide a mechanism for assisting in the financing of Project Improvements that benefit <br />the City of Louisville (the "City") and its residents. <br />G. The Plan allows the LRC to fund public infrastructure improvements <br />necessitated by or associated with private developments by means of advance and <br />reimbursement funding agreements in accordance with the Act. <br />H. The LRC is authorized to enter into this Agreement pursuant to the Act, <br />including without limitation C.R.S. Section 31-25-105(1)(b), which authorizes an urban <br />renewal authority to enter into agreements to carry out the purposes of the Act. <br />AGREEMENT <br />NOW THEREFORE, in consideration of the foregoing and the following terms and <br />conditions, the Parties agree as follows: <br />1. Construction of Project. In conjunction with the development of the Project, <br />Developer will finance, design and construct the Project and Project Improvements with <br />its own funds. Developer shall not commence construction of the Project or Project <br />Improvements unless and until the developer has obtained necessary City of Louisville <br />approvals and permits. Developer shall comply with the terms of separate agreements <br />with the City pertaining to the Project or Project Improvements. <br />2. LRC Financial Assistance and Developer Warranty. <br />a. Following execution of this Agreement, the LRC shall deposit with the City <br />one hundred and fifteen percent (115%) of the total contract amount ($275,000 multiplied <br />by 1.15), which sum shall be kept in a separate account ("Financial Guarantee"). The City <br />shall reimburse Developer an amount not to exceed the amounts set forth in Exhibit A for <br />Project Improvements completed under this Agreement ("total contract amount"). <br />Developer shall not be entitled to payment until Project Improvements are completed by <br />the Developer and inspected and conditionally accepted by the City. Developer may not <br />submit an invoice for any Project Improvements that have not been completed and <br />construction is inspected and accepted by the City as set forth in subsection (d) below. <br />No City employee or LRC member or employee has the authority to bind the City or LRC <br />with regard to any payment which exceeds the amount payable under the terms of this <br />Agreement. <br />b. Upon the City's conditional acceptance of the Project Improvements, the <br />Developer shall submit an invoice to the City for actual costs incurred in construction of <br />the Project Improvements, not to exceed the amounts set forth in Exhibit A. The <br />Developer invoice shall document the Project Improvements that have been completed <br />by the Developer and inspected and conditionally accepted by the City, and such other <br />information as may be required by the City. The Developer shall provide such additional <br />backup documentation as may be required by the City. The City shall pay the invoice <br />within thirty (30) days of receipt unless the accompanying documentation is <br />
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