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80A - JOINT - LOAN AGMT AMCAL
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02/07/2017
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80A - JOINT - LOAN AGMT AMCAL
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Last modified
2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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10.2 Commencement and Completion of Construction. The construction of the <br />Project shall be considered complete for purposes of this Agreement only when (a) all work <br />described has been completed and fully paid for, and (b) all work requiring inspection or <br />certification by Governmental Authority has been completed and all requisite certificates, <br />approvals and other necessary authorizations (including required final certificates of occupancy) <br />have been obtained. <br />10.3 Chance Orders. The contract for construction shall not be modified except <br />pursuant to change orders. All change orders in excess of $10,000: <br />(a) Shall be in writing, numbered in sequence, signed by Developer <br />and submitted to City prior to the proposed effectiveness thereof and accompanied by any <br />working drawings and a written narrative of the proposed change; and, <br />(b) Shall be subject to the City Project Manager's prior written <br />approval. <br />10.4 Entry and Inspection. At all times prior to completion of the construction, upon <br />reasonable notice and subject to reasonable job site safety rules, City and its agents shall have (a) <br />the right of free access to the Property and all sites away from the Property where materials for <br />the construction are stored, (b) the right to inspect all labor performed and materials furnished for <br />the construction, and (c) the right to inspect and copy all documents pertaining to the <br />construction. <br />10.5 [RESERVED] <br />10.6 Construction Information. From time to time during the course of the <br />construction, within ten (10) Business Days following City's written demand therefore, <br />Developer shall furnish requested reports of project costs, progress schedules and contractors' <br />costs breakdowns for the construction, itemized as to trade description and item, showing the <br />name of the contractor(s) and/or subcontractor(s), and 'including such indirect costs as real estate <br />taxes, legal and accounting fees, insurance, architects' and engineers' fees, loan fees, interest <br />during construction and contractors' overhead. <br />10.7 Protection Allainst Liens. Developer shall diligently file a valid Notice of <br />Completion upon completion of the construction, diligently file a notice of cessation in the event <br />of a cessation of labor on the construction for a period of thirty (30) days or more, and take all <br />actions reasonably required to prevent the assertion of claims of lien against the Property. In the <br />event that any claim of lien is asserted against the property or any stop notice or claim is asserted <br />against the City by any person furnishing labor or materials to the Property, Developer shall <br />immediately give written notice of the same to City and shall, promptly and in any event within <br />ten (10) Business Days after written demand therefor, (a) pay and discharge the same, (b) effect <br />the release thereof by delivering to City a surety bond complying with the requirement of <br />applicable laws for such release, or (c) take such other action as City may require to release City <br />from any obligation or liability with respect to such stop notice or claim. <br />21 <br />80A -27 <br />
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