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NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a ...

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c) a Third Disbursement of an amount equal to 30% of the grant ($750,000) will be<br />

disbursed upon documentation verifying disbursement of 100% of the first<br />

advance and 75% of the second advance ($1,312,500 cumulative) and Grantee’s<br />

compliance with program reports and requirements, including meeting expected<br />

goals; and<br />

d) a Fourth Disbursement of an amount equal to 10% of the grant ($250,000) will be<br />

disbursed upon documentation verifying disbursement of 100% of the first and<br />

second advances and 75% of the third advance ($2,062,500 cumulative) and<br />

Grantee’s compliance with program reports and requirements, including meeting<br />

expected goals.<br />

Payment will be made upon presentation to ESD of an invoice and such other<br />

documentation as ESD may reasonably require. Expenses reimbursed by ESD’s grant<br />

must be incurred on or after March 8, 2012 to be considered eligible project costs. All<br />

disbursements must be requested by April 1, 2017. ESD will be entitled to recoup any<br />

advanced funds that are not disbursed by Grantee in a timely fashion.<br />

5. ESD must approve the Program’s grant/loan application, marketing material and deal<br />

sourcing strategies, due diligence process, grant/loan approval guidelines,<br />

underwriting policy and guidelines, portfolio management and monitoring processes,<br />

and goals.<br />

6. ESD, via the Southern Tier Regional Office, will approve all funding recommendations.<br />

ESD funds should be allocated as grants and loans in a proportional share to the<br />

Program’s other funding sources. No single investment of ESD funds may exceed<br />

$250,000 without written consent of ESD, via the Southern Tier Regional Office. ESD<br />

funds may not be subject to a higher risk compared with other Program funds.<br />

7. ESD funds will be deposited in an account (the "Imprest Account”) at a bank mutually<br />

acceptable to ESD (as set forth in writing by ESD) and the Grantee. Funds in the<br />

Imprest Account, from the time of deposit and until disbursed from such account in<br />

accordance with terms to be approved by the ESD Directors, will be invested in<br />

accordance with ESD’s Investment Guidelines. ESD shall be provided with copies of all<br />

account statements, and reports in accordance with reporting requirements. All<br />

returns on ESD investments shall be kept in the same imprest account and shall be<br />

used exclusively for subsequent Program loans and grants.<br />

8. Grantee will report quarterly on investments and related Program activity. Such<br />

reports will contain information on investments, current status, leveraged funds,<br />

business revenue, job creation outcomes, and other items as determined by ESD.<br />

Once the Grantee has provided documentation verifying disbursement of the entire<br />

$2,500,000 in grant funds, the Grantee will report annually on investments and<br />

related Program activity during the term of the bonds that will be issued to provide<br />

the grant (term to be noted in final Grant Disbursement Agreement).<br />

5

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