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Section 317. Certificate of Completion <br />A. Promptly after the completion of all construction required by this Agreement to be <br />completed by Developer (including landscaping and off-site improvements) Agency's <br />Executive Director shall furnish Developer with a Certificate of Completion therefor upon <br />written request by Developer. Agency's Executive Director shall not unreasonably withhold <br />or delay such Certificate. Such Certificate shall affirm that satisfactory completion of the <br />construction required by this Agreement has been conclusively determined by Agency. If <br />the Agency's Executive Director refuses or fails to furnish such Certificate of Completion <br />after written request from Developer, the Agency's Executive Director shall within ten (]0) <br />days of the written request, provide Developer with a written statement of the reasons why <br />the Agency refuses or fails to furnish such Certificate of Completion. The statement shall <br />also contain the Agency's Executive Director's opinion of the action that must be taken to <br />obtain such Certificate of Completion. <br />B. If this Agreement has been recorded at the Recorder's Office of Orange County, such <br />Certificate of Completion shall be in such form as to permit it to be recorded at the <br />Recorder's Office of Orange County. <br />C. Such Certificate of Completion shall not constitute evidence of compliance with, or <br />satisfaction of, any obligation of Developer to any holder of a mortgage, or any insurer of a <br />mortgage, securing money loaned to finance the improvements, or any part thereof. Such <br />Certificate of Completion is not a Notice of Completion as referred to in California Civil <br />Code, Section 3093. <br />D. Furthermore, such Certificate of Completion is separate and distinct from any Certificate of <br />Occupancy to be issued by the City pursuant to the Building Code of the City for the <br />construction required by this Agreement or any part thereof No Certificate of Completion <br />shall be issued by the Agency's Executive Director for the construction required by this <br />Agreement until after the issuance by the City of all applicable Certificates of Occupancy <br />for such construction. <br />ARTICLE IV -COVENANTS RUNNING WITH THE LAND <br />Section 401. Use of the Propertx <br />Developer covenants and agrees for itself, its successors, assignees and every successor in <br />interest to the Property or any part thereof, that during construction and thereafter, Developer, such <br />successors, and such assignees shall devote the Property to the uses specified in this Agreement. <br />This provision shall remain in effect until July 2, 2026, and shall cease and terminate on such date. <br />17 <br />3-23 <br />