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25B - AGMT - LOAN GUEST HOUSE
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25B - AGMT - LOAN GUEST HOUSE
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12/19/2016 10:36:39 AM
Creation date
12/15/2016 4:54:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
12/20/2016
Destruction Year
2021
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6.7 Waiver of Conditions. The conditions set forth pertaining to City's <br />obligation to make disbursements of the rehabilitation portion are for City's benefit only <br />and the Executive Director may waive all or any part of such rights by written notice to <br />Developer. <br />6.8 Disbursement Requests. The rehabilitation proceeds shall be <br />disbursed on a line -item by line -item basis in accordance with the Project Budget and <br />subject to the conditions in this section. In no event shall City have any obligation to <br />disburse any amount for any item in excess of the amount allocated to such item in the <br />Project Budget. Disbursements shall be made only upon Developer's written request in <br />the form of a Disbursement Request showing all costs which Developer intends to fund <br />with such disbursement, itemized in such detail as City may reasonably require, <br />accompanied in each case by (a) invoices and lien releases satisfactory to City, including <br />in any event partial lien releases executed by each contractor and, subcontractor who has <br />received any payment for work perforned, and (b ) all other documents and information <br />reasonably required by City. Disbursement Requests shall be submitted no less than ten <br />(10) Business Days prior to the date of the requested disbursement, and shall not be <br />submitted more often than monthly. <br />Prior to each disbursement by City of proceeds of the City Loan, Borrower shall deliver <br />to City and to Senior Lender a draw request ("Draw Request"), and all required <br />supporting information as set forth in the Loan Documents or as otherwise reasonably <br />required by City or Senior Lender in order to provide information for evaluating the <br />requested disbursement pursuant to customary construction lending practices of <br />institutional lenders in Southern California. <br />City and Senior Lender shall notify the other and Borrower of approval or disapproval of <br />each Draw Request within five (5) business clays after receipt of the Draw Request, using <br />the Senior Lender's "Disbursement/Change Order Approval Notice". City and Senior <br />Lender shall have the right, but not the obligation, to discontinue processing Draw <br />Requests unless and until receipt of notification from the other of approval or disapproval <br />of each outstanding Draw Request. <br />6.9 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 other claimant; or directly to any such claimant; or by any <br />other means reasonably selected by City. Disbursement will be made fifteen (15) days <br />from approval. <br />6.10 Cost Overruns. In the event that, at any time and for any reason, (a) the <br />actual cost reasonably estimated by City or Developer to be required to complete all <br />matters included in any line item in the Project Budget exceeds the amount allocated to <br />that line item in the Project Budget, (b) rehabilitation costs for any matters not covered by <br />a specific line item have been or will be incurred, or (c) the undisbursed portion of the <br />rehabilitation portion is or may be insufficient to pay all rehabilitation costs that may be <br />payable under the City Loan Documents or otherwise in connection with the <br />rehabilitation, 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 of the following: <br />11 <br />25B-17 <br />
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