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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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any line item in the Project Budget exceeds the amount allocated to that line item in the Project <br />Budget, (b) Project costs for any matters not covered by a specific line item have been or will be <br />incurred, or (e) the undisbursed portion of the Loan proceeds and all other approved financing <br />sources are or may be insufficient to pay all construction of the Project that may be payable <br />under the hiclusionary Loan Documents or otherwise in connection with the construction, <br />Developer shall, within ten (10) days after it receives written notice thereof from City of any of <br />the foregoing matters, do one or more of the following: <br />(a) provide satisfactory evidence to City that Developer has previously paid <br />such excess or otherwise provided for such insufficiency (collectively, the "Excess Cost") with <br />funds from a source other than the Inclusionary Loan; <br />(b) reallocate sufficient funds to pay the Excess Cost from funds allocated to <br />"Contingency" in the Project Budget; provided, however, that the City Project Manager's consent <br />to any such reallocation shall be required; or <br />(c) deposit an amount equal to the Excess Cost in a non-interest bearing <br />account (the "Overrun Account") with City from which withdrawals may be made only with the <br />consent of the City Project Manager but which will be exhausted prior to any farther <br />disbursement for any line item, so that any resulting surplus in any line item of the Project <br />Budget will then be reallocated to the line item(s) in which the Excess Costs are expected to be <br />incurred. <br />City shall have no obligation to make farther disbursements until Developer has paid or <br />otherwise provided for the overrun as required above. Amounts deposited by Developer in the <br />Overrun Account for any Excess Costs shall be disbursed by City prior to the disbursement of <br />any remaining Loan proceeds in the manner described in subsection 9.3(c). <br />6.11 Cost Savings. Upon completion of and disbursement for all matters covered by <br />any line items in the Project Budget, any remaining undisharsed amounts allocated to that line <br />item shall be reallocated to "Contingency" and thereafter be available for disbursement in <br />accordance with the terms of this Agreement. <br />6.12 Retainage. City will withhold a Retainage of 10% from each Disbursement <br />for each of the Hard Cost line items of the Project Cost Breakdown (and other line items thereof <br />designated for withholding of retainage) until all conditions to the final Disbursement of Hard <br />Costs have been satisfied. In lieu of City's withholding Retainage, Developer can by written <br />notice to City elect not to draw any overhead or profit as would otherwise be permitted under the <br />Construction Contract until such time as Retainage would otherwise have been released. <br />City shall not retain funds for building materials purchased by Developer for which <br />Developer supplies documentation to City proving payment in full, land acquisition costs or for <br />soft costs. <br />6.13 Holdback. The retainage otherwise available for disbursement shall be subject to <br />a holdback of one hundred twenty-five percent (125%) of the estimated cost (as determined by <br />14 <br />80A-20 <br />
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