Xxxxxx and Eligible Uses Sample Clauses

Xxxxxx and Eligible Uses. 1. Subject to the terms of this Agreement, including its provisions pertaining to the Budget and invoicing, the FCRHA shall make a Loan of up to $3,302,857 to Developer for certain costs of the Site Work. Of the Loan, $271,000 shall constitute “CDBG Predevelopment Funds,” $2,656,857 shall constitute “CDBG Work Funds,” and $375,000 shall constitute “Non-Federal Funds”. (a) In connection with the Closing, the FCRHA also anticipates making similar loans to the 94 Tenant, the 47 Tenant, and the 9% Tenant comprised of mostly or all CDBG funds (collectively, the “Other CDBG Loans”). In the aggregate, the maximum amounts of the Loan and the Other CDBG Loans equal $12,550,000. Developer may request an increase in the maximum Loan amount set forth in Section 2.01.A.1, subject to (i) the reasonable approval of the FCRHA, (ii) compliance with CDBG program rules and regulations, and (iii) the consent of one or more of the Other Tenants to a corresponding reduction in the amount of the applicable Other CDBG Loan(s). 2. The FCRHA will disburse Loan proceeds only for costs that satisfy all of the following criteria, as applicable: (a) Costs to be reimbursed by CDBG Predevelopment Funds or CDBG Work Funds must be eligible costs under the rules, regulations, and guidance of the Community Development Block Grant (“CDBG”) program of the U.S. Department of Housing and Urban Development (“HUD”) and must further comply with the following: (1) CDBG eligible uses of CDBG Predevelopment Funds are developer fee, engineering, geotech, and design costs of the Site Work. (2) CDBG eligible uses of CDBG Work Funds are limited to earth work, erosion and sediment control, utility installation, road improvements, storm water management, site improvements, removal of marine clay soils, and building of needed retaining walls. 3. The FCRHA will disburse Loan proceeds only with respect to a given portion of the Site Work up to the line item amount for such portion set forth on the Budget (as it may be adjusted from time to time in accordance with this Agreement) and any remaining Contingency.
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