2007 - 07-09-07 Regular Meeting - Laserfiche WebLink

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BOOK 21 PAGE 661 In addition, the COUNTY may suspend or terminate payment of grant funds if the LCEDC fails to make satisfactory progress towards meeting the project services which are the subject of this Agreement and the determination of whether satisfactory progress has been made shall be in the discretion of the COUNTY. If for any reason the payment of grant funds is suspended or terminated, the LCEDC agrees to promptly remit to the COUNTY all payments previously received by the LCEDC which the COUNTY deems to have been paid and received in violation of this Agreement. (7) If for any reason the project as described in Attachments "B" and °D" shall not satisfy the minimum conditions as set forth in those Attachments, then LCEDC shall seek reimbursement of any deficiency from the party, as set by the formula set forth in paragraph 3.c. of the Caterpillar agreement, who received the incentives made possible by this grant or appropriation and upon receipt of same shall remit them promptly to the COUNTY. (8) Any and all alterations in the restrictions and conditions upon the grant of funds herein or alterations in the amount of this Budget attached hereto shall be subject to prior review and written approval by the COUNTY. Such consent will not be unreasonably withheld, delayed, or conditioned. (9) This Agreement and the grant funds which are the subject of this Agreement are expressly non-assignable without the prior written consent and approval of the COUNTY. (10) Non-expendable property purchased under this Agreement shall remain the property of the LCEDC, unless the attached conditions or Budget provide that such property shall become the property of the COUNTY. (11) The Attachments are: a) Attachment "A", The Budget, b) Attachment "B", Purposes and/or Restrictions/Conditions (including Attachment D), C) Attachment "C", Report Requirements; and d) Attachment "D", Description of Project and Incentives. With the exception of the amount of the Budget and item (I 1)(b), the County Manager is authorized to approve the Attachments to the Agreement to the extent not prescribed in the grant appropriation. 9of16