Loading...
2359 Accept Construction Grant (2)ROUSING AND ROME FINANCE AGENCY 04052 COMMUNITY FACILITIES ADMINISTRATION (1-56) AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION Project No. P3020 Dentrut No. -539 TO: 611► Of Sazlinat (ltgol Corporal* meet of Applitoet) Haag (Addrtss of Applicant) Pursuant to the provisions of Public Law 560, 83rd Congress, as amended, and your applieationt asmodified and supplemented, and subject to the Terra and Conditions, d , attached hereto and made a part hereof, the UNITED STATES OF AMERICA. acting by and through the Houaingatad�MMAme Finance Administrator, hereby offers to make you an advance of not to exceed S WASO � to aid you in financing the cost of plan preparation, to consist of pmelieinew of ago s e68 4 •eti uW a BMS and a welinium as sHnwwt for the proposed construction of *Ndtgry SOMP 001109tioa Vftft LEWWOVVEnte and e2Msim of treatment taoiutiea. By the acceptaift of this offer, you agree to complete the above-described plan preparation within days from the date hereof and covenant that you will repay the advance when required to do so under the provisions of said Law and Terms and Conditions. This offer must be accepted, if at all, within sixty (60) days from the date hereof. This day of ,X060' UNITED STATES OF AMERICA Housing and Home Finance Administrator By 7L (Regional Adaieistrator) ACCEPTANCE foregoing offer is hereby accepted this day of MY City of Salinas Kansas (Legal Corporate Mame of Applicant) (ride) CBRriFZCAr6 I, the undersigned, HEREBY CERTIFY that I am the official custodian of the records nd proceedings of the governing body of the above—identified Applicant; and that such ecords and proceedings show that, pursu t to proceedings of said governing body had nd adopted on the07 day of , 19$-&&, the foregoing ffer of the United State� of America has been u qualifiedly and duly accepted by said pplicant. This _L.�day of _ , ,190 Ole City Clark (ritte) W am a valid acceptance of the referred to Offer and as constita" a vall.d Offer-And-Acce)ptazwe AgrvewnU �!./2 0 b U t,e f Aturney Address PROGRAM OF ADVANCES FOR PUBLIC WORKS PLANNING TERNS AND CONDITIONS 1. No advance, or any portion thereof, shall be utilized by any Applicant to de- fray the cost of any part of the plan preparation which, prior to the date borne by the offer (the acceptance of which creates the Agreement for Public Works Plan Preparation) to which these Terms and Conditions relate, has been completed or has been included in any contract in which the Applicant has agreed to finance such plan preparation with any specific funds other than those to be supplied by the Government. 2. The plan preparation to be paid for with the advance shall be limited to the project for which the advance is made, and the applicant shall cause the plan prepara- tion to be such as will permit of the construction of the work contemplated thereby at a cost which is within its ability to finance and which bears a reasonable relation to the estimate of cost therefor contained in its Application for an -Advance for Public. Works Planning. 3. In the event an Applicant utilizes its own employees to accomplish the plan preparation, only those costs incurred by the Applicant for the plan preparation which would not have been incurred except for the undertaking of the plan preparation shall be paid from the Government's advance. 4. The Applicant shall keep accurate accounting records of all costs involved in connection with each advance. The accounts and records of the applicant, together with all supporting documents, must be open at all times to inspection by authorized repre- sentatives of the HHFA, and copies furnished when requested. The Applicant shall fur- nish a copy of any architectural or engineering or other contract entered into in con- nection with plan preparation immediately upon execution thereof. The law specifically provides that the applicant shall establish a separate plan- ning account into which all Federal and applicant's funds estimated to be required for plan preparation shall be placed. Under this proviso the Applicant also shall deposit in that account its own funds to cover that portion of the cost of the plan preparation not covered by the Federal advance. S. The advance may be requisitioned when plan preparation is completed and pre- sented to the Government, together with evidence of the Applicant's approval thereof, including specifically the then estimated cost of constructing the public work contem- plated by plan preparation, and any other approvals required by Federal, State or local law. Upon receipt of such data, in satisfactory form, and if the Government is satis- fied that the Applicant has complied with all its obligations under the said Agreement the full advance but not exceeding the actual plan preparation cost will be paid. Interim payments may be made when complete plans are to be prepared, if the Re- gional Administrator finds such interim payments are justified to insure prompt comple- tion of plans. 6. The Government may elect to terminate all or any of its obligations under the said Agreement: (a) If any representation of the App►=ca-It, in its application or in any sup- plement thereto or amendment thereof, or,in any documents submitted to the Government by the Applicant in connection with such application, shall be incorrect or incomplete in any material respect; (b) If the Applicant shall fail to commence promptly or complete the plan preparation within the time provided therefor in the Agreement or within the limits of any extension of time as may be approved by the Government, or if the Applicant shall fail otherwise in the performance or fulfillment of any of its obligations to be performed or fulfilled under the Agreement; (c) If the Applicant shall fail to subm-A or cause to be submitted to the Government any reports, data, plans, drawings, specifications, contracts, estimates, approvals, or other documents pertaining to the plan prepara- tion contemplated by the Agreement, that may be requested by the Govern- ment; (d) If any official of the Applicant shall become directly or indirectly in- terested personally in any contract or subcontract in connection with the aforesaid plan preparation. 7. In the event the Applicant has employed or shall employ any person, firm, or corporation, excepting bona fide employees and persons, firms, or corporations employed under a bona fide contract to render professional or technical services only, to solicit for secure the advance covered by the Agreement to which these Terms and Conditions re- flate, o^ any other contract right under such Agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, the Government shall have the right to annul said Agreement without liability or in its discretion to deduct from the advance otherwise payable under the Agreement the full amount of such commis- sion, percentage, brokerage, or contingent fee. 8. The advance shall be repaid promptly upon, the start of construction of the pub- lic work of the type set forth in the planning report. Construction shall be considered 'as undertaken or started when the first construction contract isawarded or the applicant 'begins construction with its own forces. If construction of only a portion of the (planned work is undertaken, repayment is required of such proportionate amount of the advance related to the work as the Administrator determines to be equitable. 9. In the event the Applicant should, for any reason, fail to repay promptly the advance in full in accordance with its obligation under this Agreement, whether such obligation shall arise by operation of law or under the said Agreement, such unpaid sum shall bear interest at the rate of four (4%) per centum per annum from the date of the Government's demand to the Applicant for the repayment to the date of payment thereof by the Applicant. 10. The Government shall not be obligated or liable under the Agreement to any party other than the applicant. ll. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of the Government's advance or in any benefit arising therefrom. 12. The Applicant may terminate the Agreement at any time prior to the Govern- ment's payment of any portion of -the advance by written notice to the Government of such termination. In such event, the Government will be relieved of all its obligations under the Agreement. If the Applicant terminates the Agreement.after receiving any por- tion of the advance, it shall promptly refund to the Government the portion of the ad- vance that has been paid by the Government.