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06/08/1998 Council Packet
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06/08/1998 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/08/1998
Council Meeting Type
Regular
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9 <br />7.08 Compliance with Law. The Lendee agrees to conduct the Loan Project in <br />compliance with all applicable provisions of federal, state, and local laws. <br />7.09 Permits and Approvals. The Lendee is responsible for obtaining all local and state <br />permits, licenses, and authorizations necessary for the Loan Project. <br />7.10 Personal Property Management. Title to all personal property acquired with loan <br />or matching funds will remain with the Lendee during the Project Activity Period. Accordingly, <br />the Lendee will take reasonable measures to protect and defend its title interest and will keep the <br />personal property free and clear of any liens, encumbrances, or other claims. The Lendee must <br />maintain property records that include, at a minimum, a description of the property, a serial or <br />other identification number, the acquisition date and cost, and the location, use, and condition of <br />the property. In the final report required by paragraph 5.01, the Lendee will include a list of all <br />personal property acquired with loan and matching funds which was not expended in performance <br />of the Loan Project. At the end of the Project Activity Period, the Lendee agrees to transfer title <br />to all personal property acquired in whole or in part with loan funds and not expended in the <br />course of the Loan Project to the Council, at the Council's option and at no charge. The Council <br />reserves the right to direct appropriate disposition of all personal property, acquired in whole or in <br />part with loan funds, which has not been expended in performance of the Loan Project. <br />During the Project Activity Period, the Lendee bears the risk of loss of, damage to, or <br />destruction of any personal property acquired with loan or matching funds. No such loss, <br />damage, or destruction will relieve the Lendee of its obligations under this agreement. The <br />Lendee agrees to maintain personal property acquired with loan or matching funds in good <br />operating order. It during the Project Activity Period, any project personal property is not used <br />in performing the project, whether by planned withdrawal, misuse, or casualty loss, the Lendee <br />will immediately notify the Council's Loan Manager. Unless otherwise approved by the Council's <br />Loan Manager, the Lendee will remit to the Council a proportional amount of the fair market <br />value of the item(s), if any, determined on the basis of the proportion of Council loan funds used <br />to acquire the item(s). <br />7.11 Effect of Project Closeout. The Lendee agrees that project closeout does not <br />invalidate continuing obligations imposed on the Lendee by this agreement. Project closeout does <br />not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or <br />other review, and does not alter the Lendee's obligation to return any funds due to the Council as <br />a result of later refunds, corrections, or other transactions. <br />
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