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Resolution 2018-24
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Resolution 2018-24
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Last modified
3/12/2021 4:28:56 PM
Creation date
5/2/2018 9:48:43 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2018
Ord/Res - Number
24
Original Hardcopy Storage
7D6
Supplemental fields
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RES 2018-24
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DocuSign Envelope ID: AC19E581-0F23-4C3E-8F58-811C891EBD9C <br />b. any material modifications in the scope or nature of the Project have occurred from that <br />which was presented in the Project Application and such material modifications have not <br />received the prior written approval of GOCO; <br />c. any statement or representation made by Grantee in the Project Application, this <br />Agreement, the Advance Payment documentation, the Progress Report, the Final Report, or <br />otherwise is untrue, inaccurate or incomplete in any material respect; <br />d. the results of GOCO' s review of the Advance Payment documentation, the Progress <br />Report, or the Final Report are not acceptable to GOCO; <br />e. the Project will not or cannot be completed by the Completion Date or any extensions <br />granted thereto or delays in the implementation of the Project have occurred which, in the <br />Board's judgment, make the Project impracticable; <br />f. the Project will not or cannot be completed within the Budget or any approved <br />modifications, or the total Project cost and/or Grantee's matching funding are reduced; <br />g. <br />sufficient net lottery proceeds are not available to fund the Grant. <br />18. Breach. <br />a. In the event that Grantee breaches any of the terms, covenants, representations, or <br />conditions of this Agreement, the Board may elect to enforce any and all remedies available at <br />law or in equity, including without limitation, any of the following: <br />i. Prior to payment of Grant: <br />A. Withdraw the Grant and terminate this Agreement; and, <br />B. Deny Grantee eligibility for participation in future Board grants, loans or <br />projects. <br />ii. After payment (partial or full) of Grant: <br />A. Deny Grantee eligibility for participation in future Board grants, loans or <br />projects; <br />B. Seek specific performance of Grantee's obligations under this Agreement; <br />C. Receive reimbursement in full of disbursement made under the Grant. <br />b. The foregoing remedies are cumulative and may be exercised independently or in <br />combination and are not exclusive to one another or to any other remedies available at law or in <br />equity. In the event GOCO must pursue any remedy hereunder and is the substantially <br />prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of <br />collection. <br />
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