Resolution 2012-48 - Laserfiche WebLink

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addition to the Structure and other costs that are customarily incurred by a developer toward a project of this nature. iii. Interior improvements to the Structure shall be eligible for Grant funds. iv. Redevelopment of Lot B shall not be eligible for Grant funds. v. Reasonable developer's fees (which may be paid to Owner or member(s) of Owner), architect and engineering fees (which may be paid to member(s) of Owner) shall be eligible for Grant funding. Grant funding for any developer's fees, architectural, engineering, design and similar consulting costs shall be limited to not more than 20 percent of actual cost incurred for labor and materials for the Work. City acknowledges and agrees that all costs eligible for Grant funds as provided in this Agreement are in compliance with all HPF rules and guidelines. 4. 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 Owner that are related to the Work and 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 Owner in error, 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. City acknowledges that once a payment is approved, it shall not later be deemed an improper payment, and that this paragraph refers to errors in payment, not determination of eligible funds. 5. COMPLETION OF WORK: The Owner will undertake the construction of the Work in a timely manner. The Owner shall use its best efforts to complete the Work by December 31, 2014; provided, however, that City acknowledges that certain events can occur through no fault of Owner that could cause delays in completion of the Work. After such date, City is not obligated to disperse any remaining Grant Funds to Owner. 6. SUBDIVISION; WAIVER OF OPEN SPACE DEDICATION: As soon as practicable after Owner's purchase of the Property, Owner shall cause Lot A and Lot B platted into two lots along lot lines agreed between the parties, one of which shall contain the former NAPA building and the other shall contain the Structure. Any conservation easement(s) encumbering Lot B shall be removed in accordance with procedures established by the City and such documents as required to evidence 5