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Resolution 2006-46
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Resolution 2006-46
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Last modified
3/12/2021 2:45:23 PM
Creation date
3/7/2007 4:43:36 PM
Metadata
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Template:
City Council Records
Doc Type
Resolution
Signed Date
10/17/2006
Ord/Res - Year
2006
Ord/Res - Number
46
Original Hardcopy Storage
7D5
Supplemental fields
Test
RES 2006-46
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Withdrawal of Board. Funding; Terrninatian of Agreement. Anything else in this <br />rn ent or otherw ise to the contrary notwithstanding. the Board may withdraw funding for <br />the Project andlor terminate this Agreement if the Board determines in its discretion that (A) <br />facts have arisen or situations have occurred that f:undarnentally alter the expectations ol'the <br />parties or make the purposes for the Grant as contemplated infeasible or unpractical; (B) any <br />material changes in the scope or nature of the Project have occurred from that which was <br />scnted in the. Project Application (and such material change(s) has not received the prior <br />t + ° n approval of GOCO). (C) any statement or representation :made by the Grantee in the <br />Project Application or this Agreement is untrue, inaccurate or incomplete in any material respect, <br />(D) the results of GOCO's Project Expenditure Documentation revi are not acceptable to <br />GOCO; (E) GOCO determines in its discretion that the Project cannot be completed within the <br />Timeline or any extensions granted thereto, or within the Budget or any modifications granted <br />thereto; or (F) sufficient net lottery proceeds are not available to fund the Project. <br />20, Completion Date. Grantee shall complete the project no later than (June 20, 2008) (the <br />"Completion Date ") which is two calendar years after the Board's approval of the Project.: <br />Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue <br />Gram Policy, a copy of which is attached as Appendix H ( "Overdue Grant Policy"). In addition <br />to other rights set forth in this Agreement, the Board may elect to terminate this Agreement and <br />d.eauthorize the Project in the event this Completion Date is not met or an extension is not sought <br />andlor granted as provided by the Overdue Grant Policy. lithe Grantee determines with <br />reasonable probability that the Project will not or cannot he completed as reflected in the Project <br />Application, the Grantee will promptly so advise the Board, and cooperate in good faith with <br />respect to alternative solutions to the problem before any further funds are advanced, <br />2l. Breach. In the event that the Grantee breaches any of the terms, covetants, <br />representations, or conditions of this Agreement, the Board may elect to enforce any and all <br />remedies available at law or in equity, inelu.din.g without limitation, am if the .following: <br />o payment of Grant: <br />Withdraw the Grant and terminate this Agree ent; and, <br />Deny the Grantee eligibility for participation in future Board grants, loans <br />or projects. <br />enlent: <br />Deny the Grantee <br />Pro u s _Re er ce- Number» <br />6I2& m . {'JfJ <br />b, After pay - rent (partial or full) of Gra <br />ibility for participation in future Board , gra <br />Seek specific performance of the Grantee' <br />i. Receive reimbursement in full of the original Grant, <br />der this <br />
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