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2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS
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2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS
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1/25/2017 11:17:37 AM
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4/16/2013 1:09:12 PM
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CITY CLERK
CITY CLERK - Date
1/14/2013
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---. ---. <br />The City shall not exceed or revise the Project schedule except upon written approval from the <br />TWDB. The City shall not delay the Project completion date except by Amendment to this <br />Agreement. <br />D. Project Bud�. The City shall be solely responsible for all costs that exceed the TWDB <br />approved Project budget, attached as EXHIBIT F. The City shall notify the Executive <br />Administrator immediately when it appears that the Proj ect budget may not be sufficient to <br />complete the Project. The City shall not exceed the Project budget except by Amendment to this <br />Agreement. <br />E. Environmental Compliance. The City shall comply with all environmental conditions and shall <br />implement environmental mitigation measures as required through TWDB environmental review <br />under 31 TAC Chapter 371, Subchapter E. <br />4.02. PROGRESS REPORTS. The Executive Administrator may request reports on the progress of <br />the Project at any time. The reports shall contain information as directed by the Executive <br />Administrator and shall be submitted periodically as requested. The City shall respond as requested and <br />a failure to respond may result in withholding the release of funds from the Escrow Account. <br />ARTICLE V. SPECIAL COVENANTS AND REPRESENTATIONS <br />5.01. CONDITIONS FOR DISBURSEMENT OF LOAN FORGIVENESS FUNDS. No Loan <br />Forgiveness Funds shall be deposited into the Escrow Account or released until the applicable <br />requirements and conditions in the TWDB Resolution and 31 TAC § 371.72, relating to Disbursement <br />of Funds, are met. Construction funds shall not be released unless the City has complied with 31 TAC <br />Chapter 371, Subchapter E, relating to Environmental Reviews and Determinations, and 31 TAC <br />Chapter 371, §§ 371.60 — 371.62, relating to Engineering Review and Approval. If other conditions <br />affect the release of funds, the Parties agree to negotiate in good faith regarding any new or different <br />terms or conditions that become applicable to the release of Loan Forgiveness Funds. <br />5.02. DELIVERY OF LOAN FORGIVENESS FUNDS. The TWDB shall deposit the Loan <br />Forgiveness Funds in an approved Escrow Account to be released to the City's Construction Account at <br />the direction of the Executive Administrator. <br />A. Outlay Reports and Invoices. The City shall submit the following documentation: <br />1. TWDB Outlay Report forms identifying: <br />a. the total amount of expenses incurred by the City for the period covered by the <br />Outlay Report; and <br />b. invoices, receipts ar other documentation satisfactory in form and in substance to <br />the TWDB sufficient to establish the requested amount as an eligible expense <br />incurred by the City. <br />2. Outlay Report forms are due to TWDB quarterly during the planning, acquisition and <br />Page 8 of 14 <br />i c�.-ooz <br />
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