SANTA ANA HOUSING AUTHORITY (2) - Laserfiche WebLink

Home Browse Search

SCCTION 3 CONSTRUCTION; DELIVERY OF PREMISES• SUBSTANTIAL COMPLETION: PUNCH LIST ITEMS 3.1 Permits, landlord will cause Landlord's Architect and die Gigineers to submit the Approved Working Drawings to the appropriate governmental entities and otherwise apply for all applicable building and other permits and approvals (collectively, "Permits") (if any) necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully complete the construction of the Tenant Improvements, Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant if Oily Permit (including, without limitation, any building permit, certificate oroccupancy, or equivalent) is not timely or otherwise issued, 3.2 Landlord's Selection and Retention afthe Contractor. 3.2.1 Landlord shall submit the Construction Drawings for the Premises on a fixed contract amount (or OMAX) basis to a general contractor selected by Landlord (the "Contractor"), which Contractor shall be independently retained by Landlord (pursuant to such construction contract form as Landlord shall in good faith determine) to construct the Tenant Improvements in accordance with the Construction Drawings. Landlord reserves the right to designate the subcontractor or subcontractors to perform particular trades (or components of) the Tenant Improvements such as fire/life safety, FIVAC. structural and electrical work. 3.2.2 Landlord reserves the absolute right, without the need for consultation with or the consent of Tenant, to terminate the Contractor for nonperformance (as determined in good faith by Landlord) and in such case Landlord may select another general contractor to complete the Tenant Improvements. Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby waives all claims against Landlord, and Landlord shall have no responsibility or liability to Tenant, on account of any nonperformance or any misconduct or any Contractor (or any subcontractor thereof) for any reason. 3.2.3 If the Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720.2, the following shall apply: (a) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) prevailing wage requirements and be subject to resnictions and penalties in accordance with §1770 at seq. of the Labor Code which requires prevailing wages be paid to npproprinte work classifications in all bid specifications and subcontracts. (b) Landlord shall require the Contractor to furnish all subcontractors/empluyees a copy or the Department or Industrial Relations prevailing wage rates which Lessor will post at the job site. For further information on prevailing wage; hap•//cocoa din ca gov/dlsi/stgtisties research.htuil (c) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) the payroll record keeping and availability requirement or§1776 of the Labor Code. (d) Lmhdlord shall require the Contractor to (and to cause its subcontractors to Lessor/contractor to) make travel and subsistence payments to workers needed for performance of work in accordance with the Labor Code. (a) Prior to commencement of work, Landlord shall require the Contractor to contact the Division of Apprenticeship Standards and comply with § 1777.5, §1777.6, and §17779 ofthe Labor Code and Applicable Regulations. 3.3 Defivery of Promises; Substantial Completion: Punch List Items. 3,3.1 Delivery of Premises, Landlord shall deliver the Premises to Tenant upon Substantial Completion of the Tenmit Improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligations to perform (or cause to be performed) the Landlord's Work and to construct (or cause to be constructed) the Tenant Improvements in accordance with the Construction Drawings) and to all of Landlord's other express obligations under the Lease (including, under Section 9.1 of the Lease), Landlord shall have no duty or obligation to improve, or pay for any improvement for, the premises or any portion thereof and Tenant shall accept the same in its Tenant shall accept the Premises in its then existing condition on the Delivery Date, "AS -IS", "WITH ALL FAULTS". 3.3.2 Substantial Completion. For purposes of Oils Lease, "Substantial Completion" shall occur upon (and the Promises shall be "Subs(antially Complete" upon) the substantial completion orconstruction of the Tenant Improvements pursuant to the Approved Working Drawings, as evidenced by a "signori" on the building permit card by no inspector of the applicable governmental authority (typically the city in which the Building is located), with die exception of any Punch List Items (defined below) and any tenant fixtures. work -stations, built-in furniture, orequipment to be installed by Tenant or under the supervision of Contractor. 3.3.3 Punch List hems. Alcor the Substantial Completion by Landlord of the Tenant Improvements. representatives of Landlord, Tenant and the Contractor shalt etunpletely inspect the Premises and complete a list (the "Punch List") or all Punch List Items (defined below). Authorized representatives of Landlord. Tenant and the Contractor shall execute said Punch List to indicate their approval thereof. Landlord shall cause the Contractor to complete all Punch List Items described on the Pu» ch List as soon as reasonably possible following the approval ol'such Punch List, As used herein, "Punch List Items" means all ions or construction which entail one or more details or construction. decoration. mechanical nd.justment or installation that do not materially and ndversely affect the use and occupancy of any potion of the Pienniscs IN, the normal conduct of'renanCs business. NO 4,01,1r Center Dr— O'vofsallo Inn Leave 3 LxhibuC