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DEMONSTRATION ACCOUNT <br />DEVELOPMENT GRANT PROGAM <br />TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM <br />2.08. Project Commencement and Changes. The Project for which grant funds were requested <br />must be "commenced" prior to the Expiration Date. If the grant funds will be used only for land <br />acquisition and holding costs as authorized by Section 2.03 and will not be used for any other grant - <br />eligible activities, the Project need not be commenced prior to the Expiration Date but the property <br />acquired for the Project must be purchased prior to the Expiration Date. The Grantee must promptly <br />inform the Council in writing of any significant changes to the Project for which the grant funds were <br />awarded, as well as any potential changes to the grant -funded activities described in Attachment A. <br />Failure to inform the Council of any significant changes to the Project or significant changes to <br />grant -funded components of the Project, and use of grant funds for ineligible or unauthorized <br />purposes, will jeopardize the Grantee's eligibility for future LCA awards. Grant funds will not be <br />disbursed prior to Council approval of significant changes to either the Project or grant -funded <br />activities described in Attachment A. <br />2.09. Budget Variance. A variance of twenty percent (20%) in the budget amounts for grant - <br />funded activities identified in Attachment A shall be considered acceptable without Council <br />approval, provided no budget amount for any individual grant -funded activity may be increased or <br />decreased by more than twenty percent (20%) from the budget amount identified in Attachment A. <br />Budget variances for any individual grant -funded activity identified in Attachment A exceeding <br />twenty percent (20%) will require Council approval. Notwithstanding the aggregate or net effect of <br />any variances, the Council's obligation to provide grant funds under this Agreement shall not exceed <br />the Grant Amount identified at Page 1 of this Agreement. <br />2.10. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any <br />unspent grant funds, including any grant funds that are not expended prior to the Expiration Date <br />identified at Page 1 of this Agreement; any grant funds that are not used for the authorized <br />purposes; and any interest earnings described in Section 2.12 that are not used for the purposes of <br />implementing the grant -funded Project activities described in Attachment A. For the purposes of <br />this Agreement, grant funds are "expended" prior to the Expiration Date if the Grantee pays or is <br />obligated to pay for expenses of eligible grant -funded Project activities that occurred prior to the <br />Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or <br />unused grant funds and other funds remitted to the Council shall revert to the Council's Livable <br />Communities Demonstration Account for distribution through application processes in future Funding <br />Cycles or as otherwise permitted by law. <br />2.11. Payment Request Forms and Disbursements. The Council will disburse grant funds in <br />response to written payment requests submitted by the Grantee and reviewed and approved by the <br />Council's authorized agent. Written payment requests shall be made using payment request forms, <br />the form and content of which will be determined by the Council. Payment request and other <br />reporting forms will be provided to the Grantee by the Council. The Council will disburse grant <br />funds on a reimbursement basis or a "cost incurred" basis. The Grantee must provide with its written <br />payment requests documentation that shows grant -funded Project activities actually have been <br />completed. Subject to verification of each payment request form (and its documentation) and approval <br />for consistency with this Agreement, the Council will disburse a requested amount to the Grantee <br />within two (2) weeks after receipt of a properly completed and verified payment request form. <br />Page 6 of 11 Pages <br />