3 - LOAN AGREEMENT FOR AMCAL_2018-01-16

Home Browse Search

14 Agency shall notify the Developer of approval or disapproval of each Draw Request within five (5) Business Days after receipt of the Draw Request, using the Agency's "Disbursement/Change Order Approval Notice". Agency shall have the right, but not the obligation, to discontinue processing Draw Requests unless and until receipt of notification from the other of approval or disapproval of each outstanding Draw Request. Notwithstanding anything to the contrary set forth herein, to the extent required by the Senior Lender, the Agency agrees to fully disburse the proceeds of the Loan (subject to any applicable retainage as contemplated in Section 6.12 hereof) prior to the disbursement of the Senior Lender. 6.9 Manner of Disbursement. Agency may make any disbursement by check payable to Developer; or by wire transfer to the Escrow Company; or on a voucher basis; or by check payable jointly to Developer and any contractor, subcontractor or other claimant; or directly to any such claimant; or by any other means reasonably selected by Agency. 6.10 Cost Overruns. In the event that, at any time and for any reason, (a) the actual cost reasonably estimated by Agency or Developer to be required to complete all matters included in any line item in the Project Budget exceeds the amount allocated to that line item in the Project Budget, (b) Project costs for any matters not covered by a specific line item have been or will be incurred, or (c) the undisbursed portion of the Loan proceeds and all other approved financing sources are or may be insufficient to pay all construction of the Project that may be payable under the Agency Loan Documents or otherwise in connection with the construction, Developer shall, within ten (10) Business Days after it receives written notice thereof from Agency of any of the foregoing matters, do one or more of the following: (a) provide satisfactory evidence to Agency that Developer has previously paid such excess or otherwise provided for such insufficiency (collectively, the "Excess Cost") with funds from a source other than the Agency Loan; (b) reallocate sufficient funds to pay the Excess Cost from funds allocated to "Contingency" in the Project Budget; provided, however, that the City Project Manager's consent to any such reallocation shall be required; or (c) deposit an amount equal to the Excess Cost in a non-interest bearing account (the "Overrun Account") with the Senior Lender from which withdrawals may be made only with the consent of the City Project Manager but which will be exhausted prior to any further disbursement for any line item, so that any resulting surplus in any line item of the Project Budget will then be reallocated to the line item(s) in which the Excess Costs are expected to be incurred. Agency shall have no obligation to make further disbursements until Developer has paid or otherwise provided for the overrun as required above. Amounts deposited by Developer in the Overrun Account for any Excess Costs shall be disbursed by the Senior EXHIBIT 3 3-24