86 Neb. Admin. Code, ch. 6, § 004

Current through September 17, 2024

Section 86-6-004 - First Priority Projects- Business to Locate Within Ninety Days

The Department will give first priority to funding financially viable Eligible Projects in which a business has agreed to locate the site and/or building for which the Eligible Activities will occur; provided the business agrees to locate such site and/or building no later than the later of ninety (90) days after the business executes a written commitment to locate the site, or ninety (90) days after the Department has executed a written agreement with an Eligible Recipient.

The Department may require the business agreeing to locate a site and/or building to provide a written commitment to the Department or to an Eligible Recipient certifying the business will locate the site within the later of the 90 day time periods described above.

As used in these regulations and in the Act, locate shall mean any of the following:

004.01 Purchase of the site and/or building for which the Eligible Activities are proposed to occur;

004.02 Execution of a lease for the site and/or building for which the Eligible Activities are proposed to occur;

004.03 Execution of a lease with an option to purchase the site and/or building for which the Eligible Activities are proposed to occur; or

004.04 Other arrangements, acceptable to the Department, involving the business entering to a contractual arrangement regarding the site and/or building for which the Eligible Activities are proposed to occur.

The Department may establish a separate application process, separate award process, and separate award agreement for the funding of first priority projects under this section 004. The funding of first priority projects shall not take precedence over the requirement that the Department allocate a specific amount of funds to Nonmetropolitan Areas, as provided in Section 81-12,149 of the Act. An order of precedence for priorities identified in the Act may be established by the Department in the Qualified Action Plan.

Should a business fail to locate a site as certified, or as otherwise agreed by such business, the Department may either withdraw Site and Building Development Fund funds from the Eligible Project and terminate any award agreement with the Eligible Recipient, or may proceed with funding the Eligible Project; provided the Eligible Recipient agrees to develop a marketing plan for the site and/or building and undertake activities to implement such marketing plan within a reasonable amount of time. In making a determination as to how to proceed, the Department will consider the impact of the Department's decision on the Eligible Recipient.

86 Neb. Admin. Code, ch. 6, § 004

Amended effective 5/11/2016.