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CORRESPONDENCE - Non-Agenda
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03/01/2022 Regular
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CORRESPONDENCE - Non-Agenda
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City Clerk
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remainder to pay ACTUAL CONSTRUCTION COSTS as they come due. <br /> Should the non-paying CITY pay any portion of the amount owing, the <br /> increased cost paid pursuant to this subsection by the remaining CITIES <br /> will be reimbursed to the extent of the amount of such repayment. This <br /> section shall apply to each payment obligation owed and not paid by any f <br /> CITY as it becomes due and payable and shall not result in any <br /> acceleration of the full amount payable by the nonpaying CITY over the <br /> term of this AGREEMENT. In the event any CITY should default in its <br /> obligations under this AGREEMENT and no longer obtain sheltering <br /> SERVICES from COUNTY, COUNTY shall consult with all CITIES then <br /> obtaining SERVICES from COUNTY to discuss methods of cost <br /> reduction that may be made available as a result of such reduction in <br /> sheltering SERVICES usage. <br /> b) It is the intention of all PARTIES that no fiinds provided by any <br /> PARTY under this AGREEMENT shall be reimbursed for any other reason than <br /> that set forth in the last sentence of the foregoing subsection (a). If, pursuant to <br /> judicial action or threat thereof, any funds are reimbursed under this <br /> AGREEMENT to any CITY, other than pursuant to the last sentence of the <br /> foregoing subsection (a), the remaining CITIES' will be responsible to pay <br /> to the COUNTY the reimbursed amount. <br /> c) Each CITY's proportional share of any amounts required to be paid by <br /> CITIES pursuant to this section shall be determined based on the formula set forth <br /> on Exhibit D. Each CITY'S resulting incremental increase in contribution <br /> will be due within thirty (30) days of notification by the COUNTY to the <br /> participating CITIES of the increased amount owing. The obligation of <br /> I <br /> CITIES to pay increased amounts under this Section 8 is not intended to <br /> be an exclusive remedy. COUNTY reserves the right to take any action as <br /> is appropriate to obtain payment from any non-paying CITY. <br /> Additionally, each CITY paying increased costs pursuant to this Section 8, <br /> shall have and retain the right to take any action at law or equity as is <br /> appropriate to obtain reimbursement of such increased payment amounts <br /> from the non-paying CITY. <br /> 8.2. Impact of Nonpayment upon SERVICES AGREEMENT. In the event any <br /> CITY fails to pay, for any reason, any amount to be paid by that CITY <br /> under this AGREEMENT, such failure shall constitute a default under the <br /> nonpaying CITY's SERVICES AGREEMENT and COUNTY shall have <br /> 10 <br /> 25C-15 <br />
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