Examples of TIRZ Fund in a sentence
Total reimbursement to Developer from the TIRZ Fund will not exceed NINETY THOUSAND DOLLARS AND NO CENTS ($90,000.00) (“Maximum Reimbursement Amount”).
Available Tax Increment in TIRZ Fund shall constitute the only source of reimbursement to Developer for construction of eligible Public Improvements, including but not limited to, exterior restoration, roof repairs, signage, fencing, water line, public infrastructure, window replacement, architectural costs, a waste management plan, survey, and other public infrastructure.
Any contribution made by Developer in anticipation of reimbursement from the TIRZ Fund shall never be an obligation of the City’s General Fund, but are only obligations of the TIRZ Fund, and are subject to limitations herein.
The Parties agree that the TIRZ Fund will reimburse Developer for Projects Costs in the order of priority of payment for the TIRZ.
The Developer’s performance under this Agreement shall be lawful and shall not violate any applicable judgment, order, or regulation nor result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City or the Board, except that this Agreement shall constitute a claim against the TIRZ Fund only from Available Tax Increment to the extent provided herein.
If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public Infrastructure, then such overcharges shall be immediately returned to the TIRZ Fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges.
In addition, if the audit determined that there were overcharges of more than 2% of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ Fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.
Developer may rely upon the payments to be made to Developer out of the TIRZ Fund as specified in this Agreement and Developer may assign its rights to such payments, either in full or in trust, for the purposes of financing its obligations related to this Agreement as per Section 16.5 hereof, but the Developer’s right to such payments is subject to the other limitations of this Agreement.
Only in the event of a termination pursuant to this Section 11.3 for cause, the City and Board shall have the right to recapture all the disbursed funds pursuant to this Agreement and the Developer shall repay all disbursed funds to the TIRZ Fund.
If any payment to Developer is held invalid, ineligible, illegal or unenforceable under applicable federal, state or local laws, then and in that event, Developer shall repay such payment in full to the City for deposit into the TIRZ Fund.