Laserfiche WebLink
the consent of the City and shall not shall not constitute a default or an Event of Default <br />under this Agreement or the Loan Documents or accelerate the maturity of the Inclusionary <br />Loan. If the Developer's limited partner exercises its right to remove a General Partner, <br />City will not unreasonably withhold its consent to the substitute general partner; provided <br />however, the consent of either the City shall not be required if the substitute general partner <br />is an affiliate of the Developer's limited partner. The substitute general partner shall <br />assume all of the rights and obligations of the removed general partner hereunder. <br />17. CERTIFICATE OF COMPLETION <br />Upon satisfactory completion of the construction and upon the request of <br />Developer, or at its own election, the City shall issue a Certificate of Completion. Such <br />Certificate of Completion shall be, and shall so state, conclusive determination of <br />satisfactory completion of the construction. <br />If City declines to famish a Certificate of Completion after written request from <br />Developer, the City Project Manager shall, within thirty (30) days after receipt of the <br />request, provide Developer with a written statement of the reasons therefore. The statement <br />shall contain a description of the action Developer must take to obtain a Certificate of <br />Completion. If the reason therefore is that the Developer has not completed a minor portion <br />of the construction, City may, in its sole and absolute discretion, issue the Certificate of <br />Completion upon the posting with City of a bond or other form of security acceptable to <br />the City Project Manager in the amount of the fair value of the uncompleted work. <br />A Certificate of Completion is not evidence of compliance with or satisfaction of <br />the Inclusionary Loan Documents or any obligation of Developer to any other party <br />whatsoever, including any holder of a mortgage or deed of trust. A Certificate of <br />Completion is not "notice of completion" referred to in Section 3093 of the California Civil <br />Code. <br />18. INDEMNIFICATION <br />18.1 Nonliability of City. Developer acknowledges and agrees that: <br />(a) The relationship between Developer and the City is and shall <br />remain solely that of Developer and lender. City neither undertakes nor assumes any <br />responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform <br />Developer of any matter in connection with the construction, including matters relating to: <br />(i) the perfonnance of the construction work; (ii) architects, contractors, subcontractors and <br />materialmen, or the workmanship of or materials used by any of them; or, (iii) the progress <br />of the construction; and Developer shall rely entirely on its own judgment with respect to <br />such matters and acknowledges that any review, inspection, supervision, approval or <br />infonnation supplied to Developer by City in connection with such matters is solely for the <br />protection of City, and that neither Developer nor any third party is entitled to rely on it; <br />(b) Notwithstanding any other provision of any Loan Document: (i) <br />the City is not a partner, joint venture, alter -ego, manager, controlling person or other <br />business associate or participant of any kind of Developer, and City does not intend to ever <br />