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25F - AGMT - 605-611 EAST WASHINGTON ST LOAN
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25F - AGMT - 605-611 EAST WASHINGTON ST LOAN
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1/3/2012 3:51:30 PM
Creation date
3/3/2011 11:03:58 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
3/7/2011
Destruction Year
2016
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subcontractor where the contractor has notice or knowledge that the <br />subcontractor has been found in violation of the regulations in 24 <br />CFR part 135. <br />The contractor will certify that any vacant employment positions, <br />including training positions, that are filled (a) after the contractor is <br />selected but before the contract is executed, and (b) with persons <br />other than those to whom the regulations of 24 CFR part 135 require <br />employment opportunities to be directed, were not filled to <br />circumvent the contractor's obligations under 24 CFR part 135. <br />Noncompliance with HUD's regulations in 24 CFR part 135 may <br />result in sanctions, termination of this contract for default, and <br />debarment or suspension from future HUD assisted contracts." <br />After the foregoing Section 3 Clause, there shall be a signature block for the <br />contractor, as applicable, the following text shall be included immediately above the signature block: <br />"The contractor/provider by his/her signature affixed hereto declares under penalty of perjury that <br />contractor has read the requirements of the Section 3 Clause and accepts all its requirements <br />contained therein for all of his/her operations related to this contract." <br />To the extent applicable, the Developer shall comply and/or cause compliance with <br />Section 3 Clause requirements for the Project. For example, when and if Developer or its <br />contractor(s)/subcontractor(s) hire(s) full time employees, rather than volunteer labor or materials, <br />Section 3 is applicable and all disclosure and reporting requirements apply. <br />309.3 Liens and Stop Notices. The Developer shall not allow to be placed on the <br />Property or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or <br />recorded affecting the Improvements the Developer shall within thirty (30) days of such recording or <br />service or within five (5) days of the Agency's demand whichever last occurs: <br />(a) pay and discharge the same; or <br />(b) affect the release thereof by recording and delivering to the Agency a <br />surety bond in sufficient form and amount, or otherwise; or <br />(c) provide the Agency with other assurance which the Agency deems, in <br />its sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the <br />full and continuous protection of Agency from the effect of such lien or bonded stop notice. <br />310. Release of Construction Covenants. Promptly after completion of the <br />Improvements or any portion thereof in conformity with this Agreement, the Agency shall furnish the <br />Developer with a "Release of Construction Covenants," substantially in the form of Exhibit L hereto <br />which is incorporated herein by reference. The Agency shall not unreasonably withhold such <br />Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive <br />determination of satisfactory completion of the applicable portion of the Improvements and the <br />Release of Construction Covenants shall so state. Any party then owning or thereafter purchasing, <br />leasing, or otherwise acquiring any interest in the Property shall not (because of such ownership, <br />15 <br />25F-21
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