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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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11/23/2020 8:42:01 AM
Creation date
11/23/2020 8:34:16 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
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(ii) City shall review the invoices and supporting <br />documentation. In City's sole and absolute discretion determines additional information is needed <br />City will specify the additional information or documentation that is needed, and Developer shall <br />provide the requested documentation within fourteen (14) days, unless a City grants a longer period <br />of time for compliance. Should Developer fail to timely provide the requested documentation the <br />expense shall be deemed unreasonable. <br />(iii) City can object to any expenses the City determines is <br />unreasonable contained in the monthly invoices. Within fourteen (14) days, Developer shall have <br />the right to provide additional supporting documentation to justify the reasonableness of the <br />expense to the City. City shall review any additional supporting documentation provided by <br />Developer to reconsider the reasonableness of the expense for the City Funded Improvements. <br />(iv) City shall pay any reasonable costs for the construction of <br />the City Funded Improvements within forty-five (45) days of receipt of monthly invoice or the <br />receipt of the additionally requested documentation or additional information, whichever comes <br />later. <br />(b) Developer acknowledges that Developer is solely responsible for the <br />actual demolition and construction of the City Funded hnprovements and is solely responsible for <br />any costs of the City Funded Improvements that exceed thirteen million dollars ($13,000,000). <br />(c) The City Funded Improvements shall be completed prior to <br />Developer requesting any Certificate of Completion or Certificate of Occupancy for any building <br />or unit within the Project. <br />(d) Within ninety (90) days from the issuance of the last Certificate of <br />Completion or Certification of Occupancy for any building or unit within the Project, Developer <br />shall submit a complete accounting of the reasonable unreimbursed hard and soft costs for the <br />Construction of the Hotel Project ("Hotel Project Accounting") and the reasonable unreimbursed <br />hard and soft costs for the Construction the Mixed Use Project ("Mixed Use Project Accounting") <br />shall be provided to City. The Hotel Project Accounting plus the Mixed Use Project Accounting <br />equals Final Developer Accounting. ("Final Developer Accounting"). <br />5.2.6 Developer shall obtain performance bonds, labor and material bonds for the <br />amount required by the City prior to obtaining any building permits for any portion of the Project. <br />5.3 Developer Changes to Plans and Specifications During Course of Construction <br />of Project. The Developer shall have the right, during the course of construction of the Mixed <br />Use Project and Hotel Project, to make "minor field changes," without seeking the approval of the <br />City, if such changes do not affect the type of use to be conducted within all or any portion of a <br />structure. "Minor field changes" shall be defined as those changes from the approved construction <br />drawings, plans and specifications that have no substantial effect on the Project and are made in <br />order to expedite the work of construction in response to field conditions. Nothing contained in <br />this Section 5.3 shall be deemed to constitute a waiver of or change in any Approvals governing <br />any such "minor field changes" or in any Approvals by any Government otherwise required for <br />any such "minor field changes." Developer shall obtain prior written approval of the City Manager <br />27 <br />55394.00049\33239203. 12 <br />
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