25B - AGMT - 815 N HARBOR LOAN - Laserfiche WebLink

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Upon satisfactory completion of the construction and upon the request of Developer, or at its own election, the City of Santa Ana shall issue a Certificate of Completion. Stich Certificate of Completion shall be, and shall so state, conclusive determine Lion of satisfactory completion of the construction. If City declines to furnish a Certificate of Completion after written request from Devcloper, the F-eculive Director Nfiidl, within thirty (30) (lays after receipt of the request, provide Developer with r, written statement of the reasons therefore. The statement shall contain a description of the action Developer must take to obtain a Certificate of Completion. If the reason therefore is that the Developer has not completed a minor portion of the Construction, City may, in its sole and absolute, discretion, issue the Certificate of Completion upon the posting with City of a bond or other fern] of security acceptable to the Executive Director in the amount of the fair value of the uncompleted work, ek Certificate of Completion is not evidence of compliance with or satisfaction of the Loan Documents or any obligation of Developer to any other party whatsoever, including any holder of a mortgage or deed of trust. A Certificate of Completion is not 11 notice of enrnpletion" referred io in Section 3093 ofthe California Civil Code, 16. INDEMNIFICATION 6.1 Noir-llabilt!y of Q L. Developer acknowledges and agrees that; (a) The relationship between Developer and City is and shall remain solely that of borrower and leader, City neither undertakes nor assumes any responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform Developer of any Matter in connection with the construction, including matters relating to (i) the performance of the construction woL&k,. (ii) archileck, contractors, subcontractors and materialmen, or the workmanship of or materials used by any of them, or (iii) the progress of the construction; and Developer shall rely entirely on its own judgment with respect to such matters and acknowledges that any review, inspection, supervision, approval or information supplied to Developer by City in connection with such matters is solely for the protection of City and that neither Developer nor any third patty is entitled to rely on it" (b) Notwithstanding any other provision of any Loan Document: (i) the City are not a partner, joint venture, alter-ego, manager, controlling person or other business associate or purtioipartt of any kind of Developer and City does not intend to ever ass-Lime any such status; (ii) City's activities in connection with the Loari(s) shall not be "outside the scope of the activities of a lender of money" within the meaning or California Civil Code Section 3434, as modified or recodified from time to time, and City does not intend to ever assume any responsibility to any person for the quality or safety of the Property; and (iii) City shall not be deemed responsible for or a participant in ally acts, omissions or decisions of Dcvcloper; 30 25B-36