70-068 Ordinance - Laserfiche WebLink

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. 1 ~, .~. Project Costs shall be paid by the OWDA. In the event this Agreement is terminated by the OWDA pursuant to, and not in breach of, the provisions of this Agreement, or by subsequent agreement of the parties, or in the event this Agreement is terminated by the LGA, whether or not in breach of the Agreement, the Eligible Project Costs incurred prior to the date of the commencement of the construction of the Project Facilities or the date of such termination, whichever is earlier, shall be paid by the LGA. If such termination takes place following the date of the commencement of the construction of the Project Facilities all Eligible Project Costs incurred following such commencement date and prior to the date of termination, with the exception of al] costs attributable to the acquisition of the Project Site, shall be borne by: (1) the LGA if this Agreement. is terminated at such time by the LGA; or (2) by the OWDA if this Agreement is terminated at such time by the OWDA. All costs attributable to the acquisition of the Project Site shall be borne by the LGA. Any moneys paid by either party hereto pursuant to this Agreement which become the obligation of the other party under the provisions of this Section shall be repaid in not more than three years after termination with interest on the remaining balances at the Contract Interest Rate. Section 3.7. Prior to the OWDA disbursing any portion of the Eligible Project Costs or delivering any certificates of availability of funds of the Director of Finance of the State of Ohio pursuant to Section 3.8 hereof the LGA shall: (a) Obtain or demonstrate to the satisfaction of the OWDA that it can obtain all fee simple title or such other estate or interests in the Project Site, including necessary easements, rights of way, permits and franchises as the OWDA finds to be sufficient to assure undisturbed use and possession for construction purposes and for the operation of the Project Facilities during its estimated life. (b) Obtain or demonstrate to the satisfaction of the OWDA that it can obtain all Federal, State, County and Municipal approvals required under existing law in connection with the construction and operation of the Project Facilities. (c) Demonstrate to the:. satisfaction of the OWDA the capability of the LGA to pay the Total Participation Charge pursuant to Section 4.1 hereof. Section 3.8. During the first ten days of each month following the date of this Agreement or during such ten day period of each month as is mutually agreeable to the LGA and the OWDA, and at such other additional times as are mutually agreeable to the LGA and the OWDA, the LGA shall submit to the OWDA the following: (i) a full and complete accounting of the Eligible Project Costs to be obligated by contract or otherwise during such. month or already obligated and not included in any previous accounting; (ii) a full and complete accounting of the Eligible Project Costs paid by the LGA from its own funds either prior to the date of this Agreement, or if after the date of this Agreement, with the approval of the OWDA during the preceding month or prior to the preceding month and not included in any previous accounting and for which it seeks reimbursement together with invoices to the OWDA for such Eligible Froject Costs for payment by the OWDA to the LGA; (iii) all invoices or other demands for payment together with the LGA's approval for payment for all labor, materials, property whether real or personal, services and other items included in Eligible Project Costs for payment by the OWDA directly to the person or entity submitting such invoice or other demand for payment; and (iv) the contractors' estimates of work performed during the preceding month pursuant to construction contracts for the Project Facilities and the partial payment due thereunder together with the resident engineer's and the LGA's approval thereof for payment by the OWDA directly to such contractors. The Executive Director of the OWDA shall deliver the State warrant or warrants in payment of such invoices, demands for payment or approved contractor's estimates to the persons -7- ,~.:. ..,