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<br />1. A Publisher's Affidavit and Certification form, for the combined legal notice; and <br /> <br />2. A Request for Release of Funds form. <br /> <br />Upon receipt of such documents, City must allow a 15 calendar day comment period to expire before it can <br />formally release any contract funds which are subject to the environmental review regulations. City must <br />comply with all other applicable environmental requirements as specified in Exhibit D of this contract. <br />Company shall document its compliance with such other requirements in its environmental review file. <br /> <br />SECTION 21. <br /> <br />SPECIAL CONDITIONS <br /> <br />A. Company shall submit to City the following Special Conditions prior to release of contract funds: <br /> <br />1. A properly completed Depository/Authorized Signatories Designation Form, as specified by City, <br />and a copy of the resolution authorizing the signatories from Company. <br /> <br />2. A copy of the contract between the Company and the procured architect/engineer, which must <br />include the retainage language specified in Section 11. E if contract funds are being used to pay for <br />architect/engineering services. <br /> <br />3. An executed Lease Agreement between City and Company detailing the terms and conditions of <br />the Agreement between the parties, including, at a minimum, the following: <br /> <br />a. A condition requiring that Company create 12 permanent jobs of which at least 51%, or <br />seven, shall be held by low-to-moderate income ("LMI") persons prior to the expiration date of <br />this contract. In the event more than 12 permanent jobs are created, Company shall ensure that <br />at least 51 % of all permanent jobs created during the contract period are held by LMI persons. If <br />the Company is the in City's two-mile extraterritorial jurisdiction ("ET J"); a condition requiring that <br />of the jobs to be created/retained above, at least 70%, or nine jobs, will be held by residents of <br />the City of San Marcos, Texas. <br /> <br />b. A condition requiring Company to submit to City a copy of the Company's starting payrof! <br />verifying the number of persons employed at the San Marcos, Texas as of the Date of Execution <br />identified in Section 2, to establish a starting job creation/retention benchmark. At a minimum, the <br />payroll report shall provide the following information for all employees: Full name of employee, <br />Social Security Number, and indicate whether employee is full time or part time as defined in the <br />most recent version of the RLF App/ication Policies, Procedures and Definitions. In addition, an <br />ending payroll report shall be submitted with the close-out documents, to document the number <br />of permanent jobs created and identify the LMI persons and if applicable, the City residents; <br /> <br />c. A condition requiring Company to submit to City the Emp/oyee Certification Report (ECR) no <br />later than the 10lh day of the month following each calendar quarter end; <br /> <br />d. The activities to be performed by Company, as specified in Exhibit A, Performance Statement; <br /> <br />e. A condition stating that Company will be liable to City for an amount not to exceed City's <br />maximum obligation under this contract and requiring the Company to repay City for contract <br />funds expended in the event Company does not fulfill its responsibilities under the agreement: <br /> <br />f. A condition which states that assets are restricted from being transferred out of Company's <br />business without the written consent of City except during the normal course of business (i.e. cash, <br />fixed assets used in the production process and accounts receivable) during the contract period; <br /> <br />RLF Contract <br /> <br />Page 10 <br />