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VISTA DEL RIO PARTNERS, L.P.
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VISTA DEL RIO PARTNERS, L.P.
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Last modified
1/29/2015 11:14:02 AM
Creation date
1/28/2015 5:32:39 PM
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Contracts
Company Name
VISTA DEL RIO PARTNERS, L.P.
Contract #
A-2009-214
Agency
Community Development
Council Approval Date
7/20/2009
Destruction Year
0
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(d) No Default. No Event of Default by Vista Del Rio shall remain uncured and <br />no event shall have occurred which, with the giving of notice or the passage of time or both, would <br />constitute an Event of Default by Vista Del Rio. <br />6.6 Final Disbursement. City's and Successor Agency's obligation to disburse that <br />portion of the proceeds of the Loans retained pursuant to Section 6.12 is subject to the satisfaction of <br />the following additional conditions precedent: <br />(a) Construction Complete. The construction of the Project shall be complete. <br />(b) Certificate of Completion and Release of Construction Covenants. Any <br />portion of the construction requiring inspection or certification by any Governmental Authority shall <br />have been inspected and certified as complete. Vista Del Rio shall request that the Building <br />Department issue a Certificate of Completion pursuant to the City's normal procedures and <br />requirements, a copy of which shall be delivered to the Executive Directors, in order for final <br />disbursement to occur. In addition, the Successor Agency shall have issued to Vista Del Rio the <br />Release of Construction Covenants pursuant to Section 310 of the DDA. <br />(c) Lien Free. At least one of the following shall have occurred: <br />(i) Thirty -five (35) days shall have passed since the recording of a valid <br />notice of completion for the construction, and no mechanic's or material man's lien shall be <br />outstanding; or <br />(ii) Ninety -five (95) days shall have passed since actual completion of the <br />construction, and no mechanic's or materialman's lien shall be outstanding, or Vista Del Rio shall <br />have bonded over any such lien to Executive Directors' reasonable satisfaction. <br />6.7 Waiver of Conditions. The conditions set forth pertaining to City's or Successor <br />Agency's obligation to make disbursements of the proceeds of the Loans are for City's and Successor <br />Agency's benefit only and the Executive Directors may waive all or any part of such rights by <br />written notice to Vista Del Rio. <br />6.8 Disbursement Requests. The proceeds of the Loans shall be disbursed on a line- <br />item by line -item basis in accordance with the Project Budget and subject to the conditions in this <br />section. In no event shall City or Successor Agency have any obligation to disburse any amount for <br />any item in excess of the amount allocated to such item in the Project Budget. Disbursements shall <br />be made only upon Vista Del Rio's written request in the form of a Disbursement Request showing <br />all costs which Vista Del Rio intends to fund with such disbursement, itemized in such detail as City <br />or Successor Agency may reasonably require, accompanied in each case by (a) invoices and lien <br />releases satisfactory to City or Successor Agency, including in any event partial lien releases <br />executed by each contractor and subcontractor who has received any payment for work performed, <br />and (b) all other documents and information reasonably required by City and Successor Agency. <br />Disbursement Requests shall be submitted no less than ten (10) Business Days prior to the date of the <br />requested disbursement, and shall not be submitted more often than monthly. <br />Prior to each disbursement by City or Successor Agency of proceeds of the Loans, Vista Del <br />Rio shall deliver to City and /or Successor Agency and to the Construction Lender a draw request <br />( "Draw Request "), and all required supporting information as set forth in the Loan Documents or as <br />15 <br />DOC SOC/ 1475221 v 10/200272 -0004 <br />
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