Resolution 2012-65 - Laserfiche WebLink

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6. Payment of Sales Tax Rebates — Retail Sales. The sales tax rebates provided for in Section 5 above shall be paid by the City in quarterly installments and shall be made on or before January 31th, April 30th, July 31st, and October 31st for the previous calendar quarter. 7. No Interest; Inspection and Disclosure of Records. No interest shall be paid on any amounts subject to rebate under this Agreement. Each party and its agents shall have the right to inspect and audit the applicable records of the other party to verify the amount of any payment under this Agreement, and each party shall cooperate and take such actions as may be necessary to allow such inspections and audits. The Company acknowledges that implementation of this Agreement requires calculations based on the amount of sales taxes collected and paid by the Company with respect to the term of this Agreement and issuance of rebate payment checks in amounts determined pursuant to this Agreement, and that the amounts of the rebate payment checks will be public information. The Company, for itself, its successors, assigns, and affiliated entities, hereby.releases and agrees to hold harmless the City and its officers and employees from any and all liability, claims, demands, and expenses in any manner connected with any dissemination of information necessary for or generated in connection with the implementation of rebate provisions of this Agreement. 8. Assistance for and Use of Community Room. The Project could include the construction of an approximate 1,000 square foot Community Room. There is demand in the City for additional venues for public meetings. To help address this demand, and in exchange for the Company committing to make the Community Room available for use by the City for City-sponsored events and meetings, the City will contribute $150,000 towards the construction of the Community Room in the Project, subject to the requirement that the Company shall, prior to payment of such contribution, enter into an agreement with the City providing that (1) the Company shall install a plaque in the Community Room indicating that the Community Room was constructed with funding from the City, and (2) the City shall have the right without charge to use the Community Room for City-sponsored events and meetings a minimum of 10 hours per week at mutually acceptable times scheduled in advance through the Company's Guest Services or other designated representative. The agreement shall be in form and substance mutually acceptable to the Company and the City. In the event the Parties do not enter into such agreement prior to the date of issuance of the certificate of occupancy for the Company's occupancy of the Project at the Project Location, the City shall have no obligation to contribute the above amount towards the construction of the Community Room and this Section shall be of no further effect. If such an agreement is timely executed, the City shall pay its contribution towards the construction of the Community Room within 30 days after a temporary certificate of occupancy or occupancy permit has been issued for the Project. The foregoing agreement shall provide, among other provisions, that the City shall be entitled to return of a proportionate share of its contribution towards construction of the Community Room if the Community Room is not available to the City for a period of not less than 10 years from the Page3of6