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03-25-19 Regular Meeting of the La Porte Development Corporation Board
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03-25-19 Regular Meeting of the La Porte Development Corporation Board
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City Meetings
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La Porte Development Board Corporation/Type B
Meeting Doc Type
Agenda Packet
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3/25/2019
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Disbursement and/or retention of the cash incentive identified in Article I of <br />this Agreement shall be made as follows: <br />A. Disbursement shalt be made to Recipient, subject to the satisfaction of the <br />conditions precedent or conditions subsequent contained within Article I of <br />this Agreement. <br />B. LPDC's obligation to Recipient shall not exceed $300,000.00, nor shall <br />LPDC be obligated to reimburse Recipient for requests delivered to LPDC <br />after the termination of this Agreement. <br />ARTICLE IV <br />Recipient understands that the funds paid to Recipient by the LPDC are <br />derived from tax revenues collected under Texas Local Government Code <br />505.252, and that LPDC has estimated the tax revenues to be collected during <br />the term of this Agreement. Recipient further understands, acknowledges, and <br />agrees that if the tax revenue actually collected is less than 90% of the estimated <br />tax revenues to be collected in any fiscal year during the term of this Agreement, <br />LPDC will be under no obligation to provide funding to Recipient for any payment <br />or payments during or after the fiscal year for which there is a revenue shortfall. <br />Upon execution of the Agreement, funds will be placed in a City of La Porte <br />designated commitment account for purposes of this Agreement. <br />ARTICLE V <br />In the event of any default by Recipient hereunder, including, but not <br />limited to, use of the funds provided herein for purposes other than those stated <br />in Article I of this Agreement, LPDC may cease all future payments hereunder <br />and terminate this Agreement. In addition, LPDC shall have the right to reclaim <br />and recapture, and Recipient shall refund, any funds that are not spent in <br />accordance with the terms of this Agreement, including 1) LPDC funds spent by <br />Recipient in contravention of this Agreement and 2) any LPDC funds previously <br />paid to Recipient but not yet spent by Recipient, In each such case, the <br />previously paid cash payment or payments shall be remitted to the LPDC within <br />sixty (60) of receipt of written demand for same. <br />Any breach of this covenant shall be grounds for immediate termination of <br />the distribution of funds. <br />ARTICLE VI <br />The term of this Agreement is for a period beginning on the date of <br />approval by LPDC and ending March 31, 2019. <br />ARTICLE VII <br />All funds provided by the LPDC pursuant to this Agreement may be used <br />only for the purposes authorized by this Agreement. Notwithstanding Article 1, <br />
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