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Res 2002-217
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Res 2002-217
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7/3/2006 10:06:57 AM
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7/3/2006 10:06:25 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
CDBG
Number
2002-217
Date
12/9/2002
Volume Book
150
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<br />*Equity Requirement - A minimum of ten percent (10%) equity injection (of the total project costs) in the <br />form of cash, land, buildings, equipment, furniture or fixtures by the business is required. A thirty percent <br />(30%) equity injection is required for start-ups. A firm financial commitment and a verification of deposit for <br />all cash equity injections will be required upon submission of the application. <br /> <br />False Information - In those instances where it is determined that an applicant provided false information <br />for the purpose of improving its scoring, the following actions may be taken on a case-by-case basis: <br /> <br />(1) Even if an award has been made, the business may be liable for RLF funds released if the false <br />information resulted in the project being funded. <br /> <br />(2) The business will be ineligible to apply for San Marcos Revolving Loan Program funding for a period <br />of two program years or until any issUe of restitution is resolved, whichever is longer. <br /> <br />(3) Additionally, a person commits an offense if he: <br /> <br />(A) Knowingly makes a false entry in, or false alteration of, a government record; <br /> <br />(B) Makes, presents, or uses any record, document, or thing with knowledge of its falsity and <br />with intent that it be taken as a genuine governmental record; or <br /> <br />(C) Intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or <br />availability of a government record. <br /> <br />A governmental record is defined as anything belonging to, received by, or kept by government for <br />information, or that government is required by law to be kept by others for information of government. An <br />offense under Section 3, above is a Class A misdemeanor unless the actor's intent is to defraud or harm <br />another, in which event the offense is a felony of the third degree. <br /> <br />*Funding Cycle - The Revolving Loan Fund will be available to eligible businesses on a first come, first <br />served basis. Please contact the City CDBG Coordinator to verify the availability of funds before preparing <br />applications. <br /> <br />*Gap Financing - See page 2 for an explanation. <br /> <br />Guarantor - Proprietor, partner, officer and stockholder owning 20% or more of the business. (Note: If the <br />RLF Program is accessed, personal guarantees will be required for loan payments for the term of the loan <br />and all contract conditions until the RLF contract is successfully closed). Each principal of a business <br />assisted with funds provided by the RLF will be jointly and severally liable for funds provided to support such <br />business in the event the business is dissolved, files under the federal bankruptcy code, or otherwise <br />ceases to be a going concern. <br /> <br />*Ineligible Uses of Funds - The City will not grant Revolving Loan Funds to a business. Revolving Loan <br />Funds can not be used for debt service, refinancing or for paying the salaries of the business principals. <br /> <br />Revolving Loan Funds loaned to Company A cannot be used to purchase equipment, land, etc. from <br />Company B, when both Company A and Company B are substantially owned by one or more of the same <br />individuals. <br /> <br />Interest Rate - The interest rate charged on the Revolving Loan Fund will be fixed (as of the contract date) <br />at the Wall Street Journal prime rate. The business may request a subsidized rate (for a period of no more <br />than two years from the contract date) if the business can document lower net profit margins or a lower rate <br />of return when compared to industry standards (such as Robert Morris Associates). Historical information, if <br />applicable, and the income and cash flow projections will be reviewed in making this determination. <br />
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