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Concept

Grant-refund clause

overpayment amountRDA section 5.5

RDA §5.5 — public grant awards (State 629 / ODOD Jobs & Commerce) can backfill and refund the developer's "private" road-work contribution, dollar for dollar.

[verified]
  • legal
  • economics
  • public-finance

The grant-refund clause is §5.5 of the roadwork development agreement, titled the "Overpayment Amount." It provides that if the road-work project receives public grant awards — Ohio's State 629 funds or ODOD Jobs & Commerce grants — that public money effectively backfills the developer's "Company Contribution," and the corresponding amount is refunded to the Company.

The mechanism qualifies the claim that the $14.5M road package is privately funded: to the extent public grants are awarded, public money can substitute for the private contribution. The clause is read from the executed agreement; what share of the contribution is ultimately refunded is not fixed in the document — it depends on the grants actually awarded.

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