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ILLUMINATION FOUNDATION (40)
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ILLUMINATION FOUNDATION (40)
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Last modified
11/14/2024 3:25:41 PM
Creation date
11/7/2024 2:44:51 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2024-169
Agency
Community Development
Council Approval Date
10/15/2024
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breach by the City or for any amount which may become due to Grantee or on any obligations <br /> under the terms of this Agreement. <br /> 7.14 No Assignment. Grantee expressly acknowledges and agrees that the City has only <br /> agreed to assist the Grantee as a means by which to induce the rehabilitation and operation of the <br /> Project. Accordingly, Grantee further expressly acknowledges and agrees that this Agreement is a <br /> personal right of Grantee that is neither negotiable, transferable,nor assignable except as set forth <br /> herein. Grantee may assign some or all of its rights under the Agreement only with the prior written <br /> consent of the City Project Manager. <br /> 7.15 Applicable Law. This Agreement shall be interpreted, governed and enforced <br /> under federal and California state law with venue in Orange County, California. <br /> 7.16 Third Parties.This Agreement is made for the sole benefit of Grantee and the City <br /> and their successors and assigns, and no other person or persons shall have any rights or remedies <br /> under or by reason of this Agreement or any right to the exercise of any right or power of the <br /> City hereunder or arising from any default by Grantee, nor shall the City owe any duty <br /> whatsoever to any claimant for labor performed or materials furnished in connection with the <br /> construction of the Property. <br /> 8. CONDITIONS FOR CONSTRUCTION <br /> 8.1 Permits and Approvals. Grantee shall diligently obtain all permits, including all <br /> Building Permits, licenses, approvals, exemptions and other authorizations of Governmental <br /> Agencies required in connection with the rehabilitation and operation of the Property. Grantee <br /> shall follow industry standards for best management practices, as applicable, during <br /> construction. <br /> 8.2 Commencement and Completion of Construction. The construction of the <br /> Project shall be considered complete for purposes of this Agreement only when (a) all work <br /> described has been completed and fully paid for, and (b) all work requiring inspection or <br /> certification by Governmental Authority has been completed and all requisite certificates, <br /> approvals and other necessary authorizations (including required final certificates of occupancy) <br /> have been obtained. <br /> 8.3 Entry and Inspection. At all times prior to completion of the construction, upon <br /> reasonable prior written notice and subject to reasonable job site safety rules, City and its agents <br /> shall have (a) the right of free access to the Property and all sites away from the Property where <br /> materials for the construction are stored, (b) the right to inspect all labor performed and <br /> materials furnished for the construction, and (c) the right to inspect and copy all documents <br /> pertaining to the construction. <br /> 8.4 Construction Information. From time to time, as needed, during the course of <br /> the construction, within ten(10) Business Days following City's written demand therefore, <br /> Grantee shall furnish requested reports of Project Costs,progress schedules and contractors' costs <br /> breakdowns for the construction, itemized as to trade description and item, showing the name of <br /> the contractor(s) and/or subcontractor(s), and including such indirect costs as real estate taxes, <br />
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