Iowa Administrative Code
Agency 265 - Iowa Finance Authority
Chapter 46 - Water Quality Financing Program
Rule 265-46.5 - Financial Agreements
Universal Citation: IA Admin Code 265-46.5
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Project requirements. All projects financed under the program shall meet the following requirements:
a. The
project owner shall be responsible for obtaining all necessary
permits;
b. All eligible costs
shall be documented to the satisfaction of the authority before proceeds may be
disbursed;
c. The recipient shall
maintain records that document all costs associated with the project. The
recipient shall provide access to these records to the authority upon request.
The recipient shall retain such records and documents for inspection and audit
purposes for a period of three years from the date of the final disbursement of
funds; and
d. The recipient shall
agree to provide the authority, the department of natural resources, and the
department of agriculture and land stewardship or their agents access to the
project site at all times during the construction process to verify that the
funds are being used for the purpose intended and that the construction work
meets applicable state and federal requirements.
(2) Loan requirements. All loans made by the authority to finance projects under the program shall meet the following requirements:
a. The loan shall
be accompanied by an enforceability opinion of counsel in a form acceptable to
the authority;
b. Repayment must
begin within 30 days after project completion or by the date specified in the
loan agreement; and
c. The loan
shall be secured by a first lien upon the dedicated source of repayment which
may rank on a parity basis with other obligations or, with the approval of the
executive director of the authority, may be subordinate in right of payment to
one or more of the recipient's other outstanding revenue obligations.
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