10-01-03 La Porte Redevelopment Authority Meeting minutes

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8/20/2003 City, a request for a Contract Progress Payment when an identifiable segment of Public Improvements has been completed. Documentation of cost and completion shall be forwarded to the La Porte Authority. The La Porte Authority, at its expense, shall hire a certified public accountant to calculate the amount due Developer and shall prepare and submit a report to the La Porte Board and send a copy to the City Manager. Requests for Contract Progress Payments shall be submitted only when an identifiable segment of Public Improvements has been completed and shall be submitted no more often than once every sixty (60) days. If the La Porte Authority does not have sufficient funds to pay any Contract Progress Payment within 30 days of the date the certified public accountant's report is received by the La Porte Board, Developer shall be deemed to have advanced such amount to the La Porte Authority as of the date actually expended by the Developer. Interest (as defined in Subsection 6.1(F)) on each Developer Advance made pursuant to this Subsection shall accrue from the date the Developer expended the funds and shall accrue for a maximum period of two years from such date. At such time as funds are available to pay all or any portion of the Developer Advances made hereunder, the La Porte Authority, at its expense, shall hire a certified public accountant to calculate the amount due Developer and shall prepare and submit a report to the La Porte Board and send a copy to the City Manager certifying (1) the amount due Developer for the Developer Advances being repaid with interest calculated thereon as specified herein and (2) that funds are available to make such payment. Upon receipt of such report, the La Porte Board shall promptly authorize and make payment to Developer. (C) If, upon Completion of the Public Improvements and conveyance of the Public Improvements to the La Porte Authority, or the City, as applicable, the La Porte Authority does not have sufficient funds to reimburse to Developer the unpaid balance of the Project Costs, Developer shall be deemed to have advanced to the La Porte Authority an amount equal to the difference between (i) the amount of the Project Costs which has been previously paid by the La Porte Authority to Developer and (ii) the final cost of the Public Improvements as evidenced by documentation approved by the La Porte Board in accordance with Section 4.3. (D) Each Developer Advance shall be evidenced by a certificate in the form attached hereto as Exhibit C. (E) The La Porte Authority shall begin repaying the Developer Advances, and shall continue such repayment until repaid in full, on the earliest date that funds are available from any of the following sources. (1) proceeds of any applicable bank loan; (2) proceeds from the sale of applicable La Porte Authority Bonds; or (3) the available Tax Increment Revenue Fund attributable to the Project. (F) Interest on each Developer Advance shall accrue at the prime rate of Chase Bank of Texas, National Association. Interest shall be calculated on the basis of a year of 360 days and the actual days elapsed (including the first day but excluding the last day) occurring in the period for which such interest is payable, unless such calculation would result in 10