Resolution 2022-52 - Laserfiche WebLink

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For each disbursement request, Property Owner shall submit to the City copies of all invoices and pay records for all labor and materials used to complete the portion of the Work for which disbursement is sought. Each invoice shall contain sufficient detail regarding the element of Work that has been completed and shall relate directly to the Work items detailed in Exhibit A. The Property Owner shall submit an IRS Form W-9 completed and signed by the Property Owner; true and complete copies of all related payment records, agreements and orders for labor and materials; and such other supporting documentation as the City may require. When the City determines in its sole discretion that a submission is complete and payable pursuant to the terms of this Agreement, the City will make the applicable disbursement directly to the Property Owner within 45 days of such determination. The Property Owner is responsible for ensuring that all contractors and suppliers are paid. 3. INSPECTION AND AUDIT; ERRONEOUS PAYMENT: The City and its duly authorized representatives shall have access to all books, documents, papers, electronic files and records of the Property Owner that are related to this Agreement for the purpose of making audits and examinations and determining compliance with this Agreement. The City shall have access to the originals of all such materials and may make and keep copies thereof. If the City upon audit or otherwise determines that any amount has been paid to Property Owner in error for any reason, including, but not limited to overpayments or improper payments, then such funds shall be immediately repaid to the City upon demand and the same may be collected by any appropriate method as a debt to the City. Amounts not so repaid within 15 days of demand shall bear interest at the rate of one and one-half percent per month from the time of demand until the date of payment. 4. COMPLETION OF WORK: The Property Owner will undertake the construction of the Work in a timely manner The Property Owner has up to 60 months after the Landmark Declaration to complete the Work and submit any and all reimbursements. The City Council adopted Resolution No. 51, Series 2022 on December 20, 2022 which landmarked the Property. 5. OTHER COSTS: Each party shall bear its own legal, accounting, overhead and administrative costs incurred in the drafting, execution or performance of this Agreement. 6. COMPLIANCE WITH CITY ORDINANCES: The Property Owner shall comply with all applicable City ordinances and building codes and shall be responsible at its own expense for obtaining and complying with all building and other permits required by the City for the completion of the Work. Approval of Preservation and Restoration Grant does not preempt compliance with building code and zoning requirements. 7. TAX IMPLICATIONS: The City shall disclose the amount of grant funds distributed to the Property Owner to the Internal Revenue Service in accordance with the Internal Revenue Code and shall provide to the Property Owner and IRS Form 1099 showing the amount received. The Property Owner acknowledges and understands that grant funds constitute taxable income. The City makes no presentations or warranties concerning the tax consequences to the Property Owner as a result of receiving the grant funds. 2