Common use of Mill Levy Funds Clause in Contracts

Mill Levy Funds. 1. The District will use a portion of the Mill Levy Override proceeds or other equivalent monies from funds, revenues, or sources determined by the District, to address the operating revenue needs of Animas for the duration of the mill levy (the “Charter 2016 Mill Funds”). 2. The Charter 2016 Mill Funds shall be based upon the total number of students at Animas based on the official count certified by CDE in proportion to the total number of students enrolled in all schools within the District’s catchment area. Such calculation shall be updated annually for the duration of the Mill Levy Override, following written verification of the official count Animas and the District. 3. Animas shall receive its respective 2016 Mill Funds annually no later than August 1, 2017 and each August 1 thereafter. 4. Animas agrees to certify that respective use of the Charter 2016 Mill Funds is in accordance with agreed upon ballot language. On or before June 30 of each year that the Mill Levy Override is in effect, Animas shall submit a written certificate of said use, in a form and content acceptable to the District and signed by the respective resident and attested by the respective secretary and treasurer. Additionally, Animas shall make available to the District, upon request, its annual budget and shall identify the expenditures listed therein which comport with the purposes and uses set forth in the Mill Levy Override ballot question. 5. Animas shall pay proportional share of the costs of the election for the 2016 Mill Levy Ballot from the initial proceeds and reported no later than January 31, 2017. The proportionate share of election costs paid by Animas shall be calculated in the same manner as Animas’ respective entitlement to the Charter 2016 Mill Funds is determined pursuant to paragraph 2 above. 6. If the charter contract authorizing operation of Animas is revoked or not renewed, or if Animas becomes insolvent and can no longer operate as a charter public school, or if Animas otherwise ceases to operate, then in any of those events, ownership of any property items purchased using the Charter 2016 Mill Funds automatically revert to the District. In addition to the certificate and budget information provided pursuant to paragraph 4 above, Animas will provide an accounting of such purchases on or before December 31 of each year the Mill Levy Override is in effect. Such accounting shall contain a detailed description of the item purchased, including, as applicable, any and all manufacturer names, model name and/or numbers, serial numbers, and brief description of the nature and use of the item. 7. If any party to this Agreement believes another party is in default hereunder, a written notice specifying the default shall be sent from the non-defaulting party to the defaulting party and the defaulting party shall have thirty (30) days from the date the notice is mailed to either deny the default in writing, setting forth any and all reasons for such denial, or to cure the default, unless the parties agree in writing to a different cure period under the circumstances then existing. If such default is not cured within the time specified, the non- defaulting party or parties shall be entitled to all remedies permitted at law or in equity. 8. In the event of litigation arising out of this Agreement or an alleged default hereunder, in addition to any other remedies, the substantially prevailing party shall be entitled to collect its reasonable attorney fees and other costs of such proceeding from the defaulting party(ies); provided, however that no party shall be liable for damages, whether direct, indirect, special, or consequential damages, which may be claimed or alleged as a result or arising in connection with any party’s declaration that any other party or parties is/are in default under this Agreement, as long as the declaring party acts in good faith. 9. Performance of this Agreement shall be delayed or excused to the extent that Acts of God, labor or material shortages, strikes, wars, insurrections or other circumstances beyond the control of the parties, including but not limited to adverse public finance market conditions either delay or prevent performance hereof. 10. Notices under this Agreement shall be by certified, return receipt requested mail and shall be effective and deemed received two (2) business days after deposit in the U.S. Mails. Notices shall be addressed as follows: If to the District: ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ If to Animas High School: 11. Nothing contained in this Agreement is intended to or shall create a contractual relation with, cause of action in favor of, or claim for relief for, any third party, including without limitation any agent, sub-consultant or sub-contractor of the District or Animas. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 12. This Agreement may be executed in one or more counterparts all of which together will constitute one and the same agreement. An electronic copy of this Agreement executed by one of the parties hereto will be accepted as a copy of this Agreement originally executed by such party. 13. This Agreement is binding upon the parties and their respective board members, employees, agents, successors, and assigns, and is contractual and not merely a recital.

Mill Levy Funds. 1. The District will use a portion of the Mill Levy Override proceeds or other equivalent monies from funds, revenues, or sources determined by the District, to address the operating revenue needs of Animas Mountain for the duration of the mill levy (the “Charter 2016 Mill Funds”). 2. The Charter 2016 Mill Funds shall be based upon the total number of students at Animas Mountain based on the official count certified by CDE in proportion to the total number of students enrolled in all schools within the District’s catchment area. Such calculation shall be updated annually for the duration of the Mill Levy Override, following written verification of the official count Animas Mountain and the District. 3. Animas Mountain shall receive its respective 2016 Mill Funds annually no later than August 1, 2017 and each August 1 thereafter. 4. Animas Mountain agrees to certify that respective use of the Charter 2016 Mill Funds is in accordance with agreed upon ballot language. On or before June 30 of each year that the Mill Levy Override is in effect, Animas Mountain shall submit a written certificate of said use, in a form and content acceptable to the District and signed by the respective resident and attested by the respective secretary and treasurer. Additionally, Animas Mountain shall make available to the District, upon request, its annual budget and shall identify the expenditures listed therein which comport with the purposes and uses set forth in the Mill Levy Override ballot question. 5. Animas Mountain shall pay proportional share of the costs of the election for the 2016 Mill Levy Ballot from the initial proceeds and reported no later than January 31, 2017. The proportionate share of election costs paid by Animas Mountain shall be calculated in the same manner as Animas’ Mountain’ss respective entitlement to the Charter 2016 Mill Funds is determined pursuant to paragraph 2 above. 6. If the charter contract authorizing operation of Animas Mountain is revoked or not renewed, or if Animas Mountain becomes insolvent and can no longer operate as a charter public school, or if Animas Mountain otherwise ceases to operate, then in any of those events, ownership of any property items purchased using the Charter 2016 Mill Funds automatically revert to the District. In addition to the certificate and budget information provided pursuant to paragraph 4 above, Animas Mountain will provide an accounting of such purchases on or before December 31 of each year the Mill Levy Override is in effect. Such accounting shall contain a detailed description of the item purchased, including, as applicable, any and all manufacturer names, model name and/or numbers, serial numbers, and brief description of the nature and use of the item. 7. If any party to this Agreement believes another party is in default hereunder, a written notice specifying the default shall be sent from the non-defaulting party to the defaulting party and the defaulting party shall have thirty (30) days from the date the notice is mailed to either deny the default in writing, setting forth any and all reasons for such denial, or to cure the default, unless the parties agree in writing to a different cure period under the circumstances then existing. If such default is not cured within the time specified, the non- defaulting party or parties shall be entitled to all remedies permitted at law or in equity. 8. In the event of litigation arising out of this Agreement or an alleged default hereunder, in addition to any other remedies, the substantially prevailing party shall be entitled to collect its reasonable attorney fees and other costs of such proceeding from the defaulting party(ies); provided, however that no party shall be liable for damages, whether direct, indirect, special, or consequential damages, which may be claimed or alleged as a result or arising in connection with any party’s declaration that any other party or parties is/are in default under this Agreement, as long as the declaring party acts in good faith. 9. Performance of this Agreement shall be delayed or excused to the extent that Acts of God, labor or material shortages, strikes, wars, insurrections or other circumstances beyond the control of the parties, including but not limited to adverse public finance market conditions either delay or prevent performance hereof. 10. Notices under this Agreement shall be by certified, return receipt requested mail and shall be effective and deemed received two (2) business days after deposit in the U.S. Mails. Notices shall be addressed as follows: If to the District: ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ If to Animas High Mountain Middle School: 11. Nothing contained in this Agreement is intended to or shall create a contractual relation with, cause of action in favor of, or claim for relief for, any third party, including without limitation any agent, sub-consultant or sub-contractor of the District or AnimasMountain. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 12. This Agreement may be executed in one or more counterparts all of which together will constitute one and the same agreement. An electronic copy of this Agreement executed by one of the parties hereto will be accepted as a copy of this Agreement originally executed by such party. 13. This Agreement is binding upon the parties and their respective board members, employees, agents, successors, and assigns, and is contractual and not merely a recital.