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80A - JOINT - AMCAL
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80A - JOINT - AMCAL
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Last modified
2/17/2017 7:08:05 AM
Creation date
2/16/2017 5:29:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/21/2017
Destruction Year
2022
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(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 materialman'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 Developer shall <br />have bonded over any such lien to City's reasonable satisfaction. <br />6.7 Waiver of Conditions. The conditions set forth pertaining to City's obligation to <br />make disbursements of the Loan proceeds are for City's benefit only and the City Project <br />Manager may waive all or any part of such rights by written notice to Developer. <br />6.8 Disbursement Requests. The Loan proceeds shall be disbursed on a line -item by <br />line -item basis in accordance with the Project Budget and subject to the conditions in this <br />section. In. no event shall City have any obligation to disburse any amount for any item in excess <br />of the amount allocated to such item in the Project Budget. Disbursements shall be made only <br />upon Developer's written request in the form of a Disbursement Request showing all costs which <br />Developer intends to fund with such disbursement, itemized in such detail as City may <br />reasonably require, accompanied in each case by (a) invoices and lien releases satisfactory to <br />City, including in any event partial lien releases executed by each contractor and subcontractor <br />who has received any payment for work performed, and (b) all other documents and information <br />reasonably required by City. Disbursement Requests shall be submitted no less than ten (10) <br />Business Days prior to the date of the requested disbursement, and shall not be submitted more <br />often than monthly. <br />Prior to each disbursement by City of proceeds of the loan, Developer shall deliver to <br />City a draw request ("Draw Request"), and all required supporting information as set forth in the <br />Inclusionary Loan Documents or as otherwise reasonably required by City in order to provide <br />information for evaluating the requested disbursement pursuant to customary construction <br />lending practices of institutional lenders in Southern California. <br />City shall notify the Developer of approval or disapproval of each Draw Request within <br />five (5) Business Days after receipt of the Draw Request, using the City's "Disbursement/Change <br />Order Approval Notice". City shall have the right, but not the obligation, to discontinue <br />processing Draw Requests unless and until receipt of notification from the other of approval or <br />disapproval 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 other <br />means reasonably selected by City. <br />6.10 Cost 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 included in <br />13 <br />A <br />LFOODIMPO <br />
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