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05-11-2015 Council Packet
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05-11-2015 Council Packet
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obligation to make Advances shall terminate as of the date which occurs 5 years from the <br />effective date of this Agreement even if all of the Grant has not been disbursed by such date. <br />It is the intent of the parties hereto that the rate of disbursement of the Advances shall not <br />exceed the rate of completion of the Project or the rate of disbursement of the matching funds <br />required, if any, under Section 6.23. Therefore, the cumulative amount of all Advances <br />disbursed by the State Entity at any point in time shall not exceed the portion of the Project that <br />has been completed and the percentage of the matching funds required, if any, under Section <br />6.23 that have been disbursed as of such point in time. This requirement is expressed by way of <br />the following two formulas: <br />Formula #1 <br />Cumulative Advances < (Grant) x (percentage of matching funds, if any, required under <br />Section 6.23 that have been disbursed) <br />Formula #2 <br />Cumulative Advances < (Grant) x (percentage of Project completed) <br />Section 5,02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement <br />of a portion of the Grant, which shall be no more often than once each calendar month, the Grant <br />Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the <br />Grant Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1st <br />day and the 15th day of the month in which an Advance is requested, and shall be submitted at <br />least 7 calendar days before the date the Advance is desired. Each Draw Requisition with <br />respect to construction items shall be limited to amounts equal to: (i) the total value of the <br />classes of the work by percentage of completion as approved by the Grant Recipient and the <br />State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but <br />delivered and suitably stored on or off the Real Property in a manner acceptable to the State <br />Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. <br />Notwithstanding anything herein to the contrary, no Advances for materials stored on or <br />off the Real Property will be made by the State Entity unless the Grant Recipient shall advise the <br />State Entity, in writing, of its intention to so store materials prior to their delivery and the State <br />Entity has not objected thereto. <br />At the time of submission of each Draw Requisition, other than the final Draw Requisition, <br />the Grant Recipient shall submit to the State Entity such supporting evidence as may be <br />requested by the State Entity to substantiate all payments which are to be made out of the <br />relevant Draw Requisition or to substantiate all payments then made with respect to the Project. <br />At the time of submission of the final Draw Requisition which shall not be submitted <br />before substantial completion of the Project, including all landscape requirements and off-site <br />utilities and streets needed for access to the Project and correction of material defects in <br />workmanship or materials (other than the completion of punch list items) as provided in the <br />Construction Contract Documents, the Grant Recipient shall submit to the State Entity: (i) such <br />supporting evidence as may be requested by the State Entity to substantiate all payments which <br />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 15 <br />
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