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<br />WHEREAS, pursuant to the terms of this Agreement the County has agreed to <br />allocate $347,000 from the Series A 2005 Bonds for the Project (the "Funding Cycle <br />Allocation"); and <br /> <br />WHEREAS, the Commissioners of both the County and the Municipality have <br />authorized, by resolution, their respective managers to enter into this Agreement for <br />each Funding Cycle Allocation describing their respective roles in the funding for the <br />Project costs with respect to such Funding Cycle Allocation, <br /> <br />NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically <br />authorizes the County Manager to execute such agreements, sub-agreements and <br />other required contracts and documents, to expend Building Better Communities bond <br />funds received for the purpose described in the funding request, and in consideration of <br />the mutual promises and covenants contained herein and the mutual benefits to be <br />derived from this Agreement, the parties hereto agree as follows: <br /> <br />Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles <br />and obligations regarding the funding being provided with respect to the Project. <br /> <br />Section 2. Funding Responsibilities: <br /> <br />a. <br /> <br />Project Funding Plan: A Project funding plan identifying the <br />Funding Allocation to be funded by the County solely from BBC <br />GOB Program proceeds and the costs to be funded by the <br />Municipality through a local funding plan or written project funding <br />commitments from third parties is attached as Exhibit 1. Included <br />shall be a projected timetable for each Funding Cycle Allocation <br />and the amount funded to date, if any. <br />Representations of the Municipality: The Municipality covenants <br />and warrants that it has, in combination with the Funding Allocation, <br />the amount of funding necessary for the completion of the Project. <br />The additional sources of funding are listed in Exhibit 1. <br />Responsibilities of the County: The County agrees to provide <br />solely from BBC GOB Program proceeds for the Funding Cycle <br />Allocation in an amount equal to $347,000. This amount <br />represents a portion of the amount necessary to complete the <br />Project. This sum shall be provided in accordance with the <br />reimbursement procedures contained in the County's GOB <br />Administrative Rules attached as Attachment 1. In the event that <br />the Project Milestones, as defined and set forth in Exhibit 1 of this <br />Agreement are not within 10% of completion, the dollars to be <br />funded for subsequent Milestones may be delayed for one calendar <br />year in accordance with the Administrative Rules, see Section 18 of <br />this Agreement. <br /> <br />b. <br /> <br />c. <br /> <br />Section 3. Effective Date and Term: This Agreement shall take effect upon <br />execution and shall terminate upon the completion of the Project, including the <br />completion of all final closeout documentation. <br /> <br />Section 4. Compliance with Codes and Laws: Each party agrees to abide by <br />all Applicable Laws necessary for the development and completion of the Project. <br />Building Detter Communities Municipal Agreement 2 of 11 <br /> <br />SIB ..fy <br />