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06-10-2026 Council Packet
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06-10-2026 Council Packet
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<br />6 <br />Error! Unknown document property name. <br />project funds, including the Other Project Financing, sufficient, together with the LCDA Loan, to <br />pay all unpaid LCDA Project Costs. <br />(d) All filing and permit fees, charges, expenses and taxes shall have been paid by <br />Borrower; and all required insurance policies shall be in appropriate amounts, name all insureds, <br />and be in full force and effect as evidenced by the certificates of insurance. <br />(e) Construction Plans relating to the Project shall have been approved in writing by <br />the City and Lender. <br />(f) Evidence satisfactory to Lender that Borrower has established a separate account <br />ledgering system within the Project’s line-item budgeting for the exclusive purpose of recording <br />the receipt and expenditure of the LCDA Proceeds. <br />(g) No LCDA Proceeds shall be disbursed prior to the Construction Start Date. <br />(h) No Event of Default as defined in Section 5.01 or event which would constitute <br />such an Event of Default but for the requirement that notice be given or that a period of grace or <br />time elapse, shall have occurred and be continuing and all representations and warranties made by <br />Borrower in Article 4 shall continue to be true and correct as of the date of such disbursement. <br />(i) No determination shall have been made by Lender or Title that the undisbursed <br />amount of the LCDA Proceeds and the other financing committed to the Project, including Lender <br />Loans and the Other Project Financing are less than the amount required to pay all costs and <br />expenses of any kind which reasonably may be anticipated in connection with the completion of <br />the Project, including Projects Costs; or if such a determination has been made and notice thereof <br />sent to Borrower, Borrower has deposited the necessary funds with Title in accordance with the <br />Disbursement Agreement. <br />(j) The disbursement requirements hereof and of Title set forth in the Disbursement <br />Agreement and any master disbursement agreement for the Project have been satisfied. <br />(k) Borrower shall have provided to Lender such evidence of compliance with all of <br />the provisions of this Agreement as Lender may reasonably request. <br />(l) If required by the Lender or Title, Lender and Title shall be furnished with a <br />statement of Borrower and of Contractor, in form and substance required by Lender or Title, setting <br />forth the names, addresses and amounts due or to become due as well as the amounts previously <br />paid to every contractor, subcontractor, person, firm or corporation furnishing materials or <br />performing labor for the construction of the Project. <br />(m) No license or permit necessary for the environmental remediation of the Project <br />shall have been revoked or the issuance thereof subjected to challenge before any court or other <br />governmental authority having or asserting jurisdiction thereover. <br />(n) Borrower is prepared to commence construction of the Project promptly after the <br />Date of Closing in accordance with the Construction Plans. <br />(o) Lender shall have received evidence that all requisite permits and other approvals <br />have been issued.
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