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<section number="10-288" name="Financial assistance - requirements" law="code" slug="sec-10-288" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV16ECDEINFU_S10-288FIASEQ">
  <level label="a">
    <text>Limits. The Chief Administrative Officer, or his designee, may make an award of financial assistance from the Fund in the form of a loan, guarantee, or grant to businesses for the cost of:</text>
    <level label="1">
      <text>the acquisition of land and buildings;</text>
    </level>
    <level label="2">
      <text>the construction, reconstruction, rehabilitation, repair, and improvement of buildings;</text>
    </level>
    <level label="3">
      <text>the cost of acquisition of machinery and equipment;</text>
    </level>
    <level label="4">
      <text>working capital;</text>
    </level>
    <level label="5">
      <text>equity investments; and</text>
    </level>
    <level label="6">
      <text>other uses as determined to be appropriate by the Chief Administrative Officer or his designee.</text>
    </level>
  </level>
  <level label="b">
    <text>Term - Maximum of 10 years.</text>
    <level label="1">
      <text>The term of a loan or guarantee made under this Division may not exceed 10 years.</text>
    </level>
    <level label="2">
      <text>Exception. The 10-year term limitation under Subsection (b) (1) of this Section may be waived and not apply to funding for special projects that are a significant economic opportunity consistent with the Fund's purpose.</text>
    </level>
  </level>
  <level label="c">
    <text>Security for loans and guarantees. To perfect and protect the County's financial position, the Chief Administrative Officer, or his designee, shall require the recipient of a loan or guarantee under this Division to secure the loan or guarantee by:</text>
    <level label="1">
      <text>Appropriate notes;</text>
    </level>
    <level label="2">
      <text>Security agreements;</text>
    </level>
    <level label="3">
      <text>Financing statements;</text>
    </level>
    <level label="4">
      <text>Equity pledges;</text>
    </level>
    <level label="5">
      <text>Mortgages or deeds of trust; or</text>
    </level>
    <level label="6">
      <text>Any other documents or instruments.</text>
    </level>
  </level>
  <level label="d">
    <text>Compliance with Conditions of Award. If a recipient of financial assistance from the Fund fails to comply with the terms and conditions of an award, any renegotiation of the award or the exercise of any clawback provisions requiring full or partial repayment of the financial assistance that are part of the award are subject to the provisions of Section 10-287(e) of this Division.</text>
  </level>
  <level label="e">
    <text>Annual examination of books.</text>
    <level label="1">
      <text>The Chief Administrative Officer, or his designee, may require the recipient of financial assistance under this Division to have an annual audit of its books, accounts, and records by a certified public accountant.</text>
    </level>
    <level label="2">
      <text>The recipient shall deliver copies of the audit to the Chief Administrative Officer, or his designee, and to the County Auditor.</text>
    </level>
    <level label="3">
      <text>If the recipient fails to arrange the audit, the Chief Administrative Officer, or his designee, may examine, at the expense of the recipient, the accounts and books of the recipient, including its receipts, disbursements, contracts, leases, investments, and any other matters relating to its finances, operation, and affairs.</text>
    </level>
  </level>
  <level label="f">
    <text>Report to Council.</text>
    <level label="1">
      <text>The Chief Administrative Officer, or his designee, shall provide each member of the County Council with a quarterly report that outlines the financial assistance that has been provided and the overall performance of the Fund.</text>
    </level>
    <level label="2">
      <text>The report prepared by the Chief Administrative Officer shall include information about the compliance of the award recipient with the terms and conditions of the award and the provisions of this Title, including compliance with the provisions of Sec. 10-284 (Purposes and Priorities of the Fund) of this Title.</text>
    </level>
  </level>
  <level label="g">
    <text>County Auditor Reviews for Compliance. The County Auditor may regularly review the performance of financial assistance awards from the Fund for compliance with the terms and conditions negotiated by the Chief Administrative Officer.</text>
  </level>
</section>
