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7.1. SR 04-26-1993
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7.1. SR 04-26-1993
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<br />. <br /> <br />. <br /> <br />. <br /> <br />" <br /> <br />SECTION 2.2. SCDP LOAN. The Grantor Agency has granted to <br />the City and the City shall loan to the Developer, SCDP funds of <br />an amount up to $250,000 (the IILoanll) according to the terms <br />described in ARTICLE 3. <br /> <br />ARTICLE 3 <br /> <br />SCDP Loan Terms and Conditions <br /> <br />SECTION 3.1. BASIC LOAN TERMS. As more fully set forth in <br />the Note, the principal amount of the Loan of SCDP funds by the <br />City to the Developer shall not exceed $250,000. The Loan shall <br />bear interest at a rate of four and one-half (4.5%) percent per <br />annum for five (5) years. Thence, the Loan shall bear interest <br />at a rate of six (6%) percent per annum for five (5) years. The <br />Loan terms may not be modified without prior written approval <br />from the Grantor Agency. <br /> <br />SECTION 3.2. PREPAYMENT. PrepaYment of the Loan may occur <br />at any time during the Loan without penalty. <br /> <br />SECTION 3.3. ASSIGNMENT. The Developer will not sell the <br />Development Property or assign its rights or interests to any <br />part therein or its right or interest in this Loan Agreement, or <br />any part thereof. ~~ the event the Developer sells, conveys, <br />transfers, further mortgages or encumbers or disposes of the <br />Development Property, or any part thereof, or any interest <br />therein, or agrees so to do, the unpaid principal balance of the <br />Loan, together with interest then accrued, shall, at the option <br />of the City, become immediately due and payable in full, This <br />shall be in addition to any other remedies at law or in equity <br />available to the City. <br /> <br />SECTION 3.4. TERMINATION. This Agreement shall <br />automatically terminate without any notice to Developer (1) if <br />the Loan proceeds to have not been disbursed to the Developer <br />prior to December 31, 1994; or (2) if a petition is filed by or <br />against the Developer under the U.S. Bankruptcy Code, or if <br />voluntary, such a petition is not dismissed within sixty (60) <br />days following such petition. <br /> <br />SECTION 3.5. DAVIS-BACON. The Loan is for equipment needs <br />only. If the Loan proceeds are used for construction or <br />rehabilitation, a wage decision must be requested from the <br />Grantor Agency, as Davis Bacon Labor Standards provisions would <br />apply. If any of the equipment items financed in whole or in <br />part with SCDP funds require more than an incidental amount of <br />installation work, a wage decision must be requested from the <br />Grantor Agency, as Davis-Bacon Labor Standards provisions would <br />apply to the total project. The following factors should be <br />considered in determining whether or the amount of the <br />installation activity is more than incidental: <br /> <br />3. <br />
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