O-2003-2639 Safe Routes to School Program Advance Funding Agreement with TXDOT

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D. The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement. E. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. The Local Government must advance to the State at least twenty (20%) of the Project construction and construction engineering costs. The amount to be advanced for this Project is estimated to be $0.00, including cash and allowable donations. F. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. G. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. H. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended federal funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. I. The State will not pay interest on any funds provided by the Local Government. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including l'y expenses related to relocation, removal, or adjustment of eligible utilities. J .\ i0,N \ L. f}H-,4-v~ ~te...{r t:>. - Sl/9f~ At..{ j)N~~'..s r~ V/ S,'dAl /5 trl-ff'lcJ, eO -.to +11<> A\ V . aU 13. Notices ~(,.R..e-e.#teAt"r A-ND,s /Hlf-O-e. 1I-'fJ4I2-T ~Fft,(!>/lf-R.<<JHbI(r. Ca:! rfX 1fb All notices to either party by the other required under this agreement shall be :llr? I/JU delivered personally or sent by certified or U.S. mail, postage prepaid or sent by I electronic mail, (electronic notice being permitted to the extent permitted by law but AF A - Safe Rts2School Page 9 of 13