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AgdaPkt 2008-10-27 Clsd and Reg
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AgdaPkt 2008-10-27 Clsd and Reg
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Last modified
12/11/2008 4:42:54 PM
Creation date
10/23/2008 3:43:59 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
10/27/2008
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<br />6.3A <br />Page 20 <br /> <br />the cumulative amount of reimbursement distributed to date, the cumulative <br />matching amount to date, and any other outstanding issues. <br /> <br />With respect to any disbursement of State Grant funds to Project Sponsor, such <br />funds will be disbursed in accordance with the relative payment obligations set <br />forth in Paragraph 3, State Grant Amount, and Paragraph 4, Project Sponsor's <br />Costs. Any and all State Grant funds that are disbursed to Project Sponsor under <br />this Implementation Agreement, and any and all interest earned by Project <br />Sponsor on such funds, shall be used solely to pay Eligible Costs. <br /> <br />36. REIMBURSEMENT FOR ADMINISTRATION COSTS: Project Sponsor agrees <br />to pay BACWA its Proportionate Share of administration and legal costs when <br />they are billed, pursuant to Paragraph 7, above. Project Sponsor may include a <br />request for reimbursement of the administration costs that it paid to BACW A <br />when Project Sponsor submits its invoices to BACW A for reimbursement by <br />DWR to Project Sponsor through BACW A. <br /> <br />37. WITHHOLDING OF STATE GRANT DISBURSEMENT: If BACWA <br />detennines that Project is not being constructed substantially in accordance with <br />the provisions of this Implementation Agreement, or that Project Sponsor has <br />failed in any other respect to comply substantially with the provisions of this <br />Implementation Agreement, and if Project Sponsor does not promptly remedy any <br />such failure to BACWA's satisfaction, BACWA may withhold from Project <br />Sponsor all or any portion of the State Grant Amount and take any other action <br />that it may deem necessary to protect its interests. <br /> <br />Project Sponsor acknowledges and accepts that ifDWR determines that any of the <br />projects to be carried out by the Participating Water Entities, including Project <br />Sponsor's Project, are not being constro.cted substantially in accordance with the <br />provisions of the State Agreement, or that any of the Participating Water Entities, <br />including Project Sponsor, has failed in any other respect to comply substantially <br />with the provisions of the State Agreement, and if the Water Entity in question <br />does not remedy such failure to DWR's satisfaction, DWR may withhold from <br />BACW A all or any portion of the State Grant funds and take any other action that <br />it may deem necessary to protect its interests. <br /> <br />38. WITHHOLDING A PORTION OF THE STATE GRANT FUNDS: Where a <br />portion of the State Grant Amount has been disbursed to Project Sponsor and <br />BACW A notifies Project Sponsor of its or DWR' s decision to withhold the <br />balance of the State Grant Amount because of a failure of Project Sponsor to <br />peIform its obligations hereunder, the portion that bas been disbursed shall <br />thereafter be repaid immediately with interest, as directed by BACW A. Refusal <br />of Project Sponsor to repay such amount may, at the option of BACW A, be <br />considered a breach of this Implementation Agreement and may be treated as a <br />default. <br /> <br />{00907092} 16 <br />
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