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Last modified
5/30/2017 4:30:18 PM
Creation date
4/14/2017 10:22:54 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-369
Agency
Community Development
Council Approval Date
12/20/2016
Notes
A-2016-155; A-2016-155-A
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9.14 Amlicable Lam. This Agreement shall be interpreted, governed and enforced under <br />federal and state laws. <br />9.15 Third Parties. This Agreement is made for the sole benefit of Developer and the <br />City and their successors and assigns, and no other person or persons shall have any rights <br />or remedies Linder or by reason of this Agreement or any right to the exercise of any right or <br />power of the City hereunder or arising from any default by Developer, nor shall the City <br />owe any duty whatsoever to any claimant for labor performed or materials furnished in <br />connection with the rehabilitation of the Property. <br />9,16 Control of Property. The parties acknowledge that neither the City has at anytime <br />participated in any manner in the management or operation of the Property, and will not so <br />participate at any time hereafter. <br />10. CONDITIONS FOR REHABILITATION <br />10.1 Permits and Approvals. Developer shall diligently obtain all <br />permits, including all building permits, licenses, approvals, exemptions and other <br />authorizations of Governmental Agencies required in connection with the rehabilitation <br />and conversion of the Property. <br />10,2 Commencement and Completion of Rehabilitation. <br />The rehabilitation shall be considered cornplete for purposes of this Agreement <br />only when (a) all work described has been completed and fully paid for, and (b) all work <br />requiring inspection or certification by Governmental Authority has been completed and <br />all requisite certificates, approvals and other necessary authorizations (including required <br />final certificates of occupancy) have been obtained. <br />10.3 Chance Orders. The Rehabilitation Contract shall not be modified <br />except Pursuant to change orders. All change orders: <br />(a) shall be in writing, numbered in sequence, signed <br />by Developer and submitted to City prior to the proposed effectiveness thereof and <br />accompanied by any working drawings and a written narrative of the proposed change, <br />(b) Shall be subject to the Executive Director's and Banl<'s <br />prior written approval of the Executive Director and Bank. <br />10.4 Entry and Ins ection. At all times prior to con-pletion of the <br />rehabilitation, upon reasonable notice, City and their agents shall have (a) the right of free <br />access to the Property and all sites away from the Property where materials for the <br />rehabilitation are stored, (b) the right to inspect all labor performed and materials <br />furnished for the rehabilitation, and (c) the right to inspect and copy all documents <br />pertaining to the rehabilitation. <br />10.5 COUI lialice with Section 3 Clause_ Section 3 of the Housing and <br />Urban Development act of 1968, '12 U.S.C. 1701u, as amended by Section 915 of tine <br />20 <br />
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