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25B - AGMT - 815 N HARBOR LOAN
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02/17/2015
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25B - AGMT - 815 N HARBOR LOAN
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2/12/2015 4:45:31 PM
Creation date
2/12/2015 4:13:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/17/2015
Destruction Year
2020
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4.7 Manner of Disbursement, City may make any disbursement by check payable <br />to Developer; or on a voucher basis; or by check payable jointly to Developer and any <br />contractor, subcontractor or ether claimant; or directly to any such claimant; or by any <br />ether means reasonably selected by City, Disbursement will be made fifteen (15) days <br />fronn approval, <br />43 Cast [Overruns. In the event that, at any time and for any reason, (a) the actual <br />cost reasonably estimated by City or Developer to be required to complete all matters <br />included in any line itern in the Project Budget exceeds the amount allocated to that line <br />item in the Project Budget, (b) construction costs for any matters not covered by a <br />specific tine item have been or will be incurred, or (e) the undishursed portion of the <br />construction portion is of may be insufficient to pay all construction costs that may be <br />payable under the City Loan Documents or otherwise in connection with the <br />construction, Developer shall, within ten (10) days after it receives written notice thereof <br />from City of any of the foregoing matters, do one or more o r the following; <br />(a) provide satisfactory evidence to City that Developer has <br />previously paid such excess or otherwise - provided for such insufficiency (collectively, <br />the "Excess Cost ") with funds from .a source other than the City Lean; <br />(b) reallocate sufficient funds to pay the Excess Cost from funds <br />,allocated to "Contingency" in the Project Budget; provided, however, that tlae <br />Executive Director's consent to any such reallocation shall be required, or <br />(c) deposit an amount equal to the Excess Cost in a non - interest <br />bearing account (the "Overrun Account ") with City from rwbich withdrawals may be <br />made tartly with the consent of the Executive Director but which will be exhausted prior <br />to arty further disbursement for any line item, so that any resulting surplus in any line <br />item of the Project Budget will them be reallocated to the Unc iterri(s) in which the Excess <br />Costs are expected to be incurred. <br />City shall have no obligation to rriaake further disbursements until Developer has paid or <br />otherwise provided ftrr the overrun as required above. Amounts deposited by Developer <br />in the Overrun Account for any Excess Costs shall be disbursed by City prior to the <br />disbursement of :any remaining construction portion proceeds in the manner described in <br />subsection 93(c), <br />4 i) Cost Savings, Upon completion of and disbursement for all matters covered by <br />any line items in the Project Budget, any remaining undisbursed amounts allocated to that <br />line item shall be reallocated to "Contingency" and thereafter be avi lable for <br />disbursement in accordance with the teams of this Agreernent. <br />4.10 Retainage. City will witlrltold a retainage of 10 loom each Disbursernent for <br />each of the hard cost tine items of the project cast breakdown (and other line items <br />thereof designated for withholding of retainago) until all conditions to the final <br />disbursement of hard costs have been satisfied. hi lieu of City's withholding rctainage, <br />Developer can by written notice to City elect not to drain any overhead or profit as would <br />I <br />25B -17 <br />
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