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9408-03 Authorizing the issuance of Bonds to evidence a loan from the Indiana Department of Environmental Management Brown-Fields Cleanup Revolving Loan Fund
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9408-03 Authorizing the issuance of Bonds to evidence a loan from the Indiana Department of Environmental Management Brown-Fields Cleanup Revolving Loan Fund
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Last modified
9/24/2009 2:30:53 PM
Creation date
8/13/2008 2:40:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/24/2003
Ord-Res Number
9408-03
Bill Number
21-03
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all coverages. The Borrower shall deliver to IDFA from time to time at IDFA's request <br />certificates of insurance or policies setting forth all business insurance then. in effect. <br />Policies shall be endorsed to provide that IDFA shall be provided with written notice of <br />thirty (30) days for any cancellation, suspension or reduction in limits. <br />M. The Borrower certifies that all contractors and consultants involved in Project Activities <br />are not presently or proposed to be debarred or suspended, declared ineligible, or <br />voluntarily excluded from federal, state or local (hereinafter "public") transactions; have <br />not within a three year period preceding this Agreement been convicted of or had a civil <br />judgment rendered against them for (i) fraud or commission of a criminal offence in <br />connection with obtaining, attempting to obtain, or performing a public transaction or <br />contract under a public transaction, (ii) violation of federal or state antitrust laws, or (iii) <br />embezzlement, theft, forgery, bribery, falsification or destruction of records, making <br />false statements or receiving stolen property; are not presently indicted for or otherwise <br />criminally or civilly charged by a public entity with commission of any of the offenses <br />enumerated under Article III, Section 1 (G) hereof; and have not within the preceding <br />three years had a public transaction terminated for cause or default. <br />N. The Borrower shall demonstrate compliance with al] applicable cross-cutting <br />requirements, which are defined as those federal requirements applicable to the BCRLF <br />by operation of statutes, executive orders, and regulations. Adherence to cross-cutting <br />requirements is applicable to this Brownfields Project by the terms of the statutes, <br />executive orders, and regulations heretofore described, in that this Brownfields Project <br />is receiving federal financial assistance and irrespective of whether the statute <br />authorizing said assistance specifically references the requirements. The Borrower shall <br />maintain records which segregate expenditures based on federal or non-federal sources <br />of funds, although cross-cutting requirements apply only to the federal expenditures. <br />All records that demonstrate compliance with cross-cutting requirements and that are <br />maintained by the Borrower shall be reported to IDFA on a quarterly basis. <br />O. The Borrower shall promptly give the IDFA written notice of: (i) any Event of Default <br />by the Borrower, as defined below, together with a written statement of the action being <br />taken by the Borrower to remedy such Event of Default; (ii) any litigation or proceeding <br />before any court or governmental authority which, if adversely determined, might <br />materially and adversely affect the Borrower's operations, financial condition or ability <br />to perform any of its obligations under the Loan Documents; or (iii) any changes, <br />amendments or modifications to existing contracts, agreements, ordinances or <br />legislation that materially and adversely affect the Borrower's operations, financial <br />conditions or ability to perform any of its obligations under the Loan Documents. <br />P. The Borrower agrees to cooperate fully with an audit of the Loan and the Project <br />Activities, if so required. <br />Q. The Borrower agrees to erect a sign at the Brownfields Project site, with content <br />approved by IDFA and the IDEM, that describes the nature of the Project Activities and <br />identifies the federal nature of project financing. <br />R. Borrower shall, upon reasonable request of the IDFA, duly execute and deliver to the <br />IDFA such further instruments or information, and do and cause to be done such further <br />-8- <br />
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