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04 - Agmt - 605-611 E Washington
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04 - Agmt - 605-611 E Washington
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City Clerk
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Agenda Packet
Item #
04
Date
3/7/2011
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subcontractor where the contractor has notice or lrnowlcdge that the <br />subcontractor has been found in violation of the regulations in 24 <br />CFRpart 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 29:-CFR part 135. <br />Noncompliance with f1Ull's regiila <br />result in sanctions, termination of <br />debarment or suspension from futut~r~. <br />After the foregoing Section 3 .C;jaf~si <br />contractor, as applicable, the following text shall be'.;~rlc <br />"The contractor/provider by his/her signature affixed;. <br />contractor has read the requirements pf the Section <br />contained therein for all ofhis/her oneratioiisa~eJated to <br />m 24 :CFR part 135 may <br />contract 'for default, and <br />)assisted contracts." <br />there shall be aaignatw•e block for .the <br />ded imgredialely abpvq,the signature block <br />declares under penalty of perjury that <br />reto <br />1:.Clause~and accepts all :its requirements <br />To the extent applicable, tlag Deueli~per shall comply and/or cause compliance with <br />Section 3 Clause requireme}lts fox the Project. ~ "~ Fox, eXample, tivhen and if Developer or its <br />contractor(s)/subcontractors) hue(s) full trine employoes •rather than `volunteer labor or materials, <br />Section 3 is applicabl~apd all disclosure and repot~inga•equii•em@nts apply. <br />309.3 'Liens and Stgp Notices. Tl,?e Developer shall not allow to be placed on the <br />Property or aiay-part thereol` any lien oist4p notice: if a claim of a lien or stop notice is given or <br />recorded affcc~mg the lmprovemetts the beVeloper shaJ(within thirty (30) days of such recording or <br />service or;within five (5};days oft)e Agency's demand`whichevertast occurs: <br />(a) -pay and discharge the same; or <br />(b) affect the release thereof by recording and delivering to the Agency a <br />stuety bond in sufficient form and ~'~ount, or othettivise; or <br />(c) ptof~ide 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 fox the <br />full and continuous protectioi'of Agency from the effect of such lien or bonded stop notice. <br />3111. 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 />
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