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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
4/16/2019
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Governmental Agencies required in connection with the construction and conversion of the <br />Property. <br />10.2 Commencement and Completion of Construction. The constriction of <br />the Project shall be considered complete for purposes of this Agreement only when (a) all <br />work described has been completed and fully paid for, and (b) all work requiring inspection <br />or certification by Governmental Authority has been completed and all requisite <br />certificates, approvals and other necessary authorizations (including required final <br />certificates of occupancy) 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 <br />Developer and submitted to Agency prior to the proposed effectiveness thereof and <br />accompanied by any working drawings and a written narrative of the proposed change; <br />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, <br />upon reasonable prior written notice and subject to reasonable job site safety rules, Agency <br />and its agents shall have (a) the right of free access to the Property and all sites away from <br />the Property where materials for the construction are stored, (b) the right to inspect all labor <br />performed and materials furnished for the construction, and (c) the right to inspect and <br />copy all documents pertaining to the 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 Agency's written demand therefore, <br />Developer shall furnish requested reports of Project Costs, progress schedules and <br />contractors' costs breakdowns for the construction, itemized as to trade description and <br />item, showing the name of the contractor(s) and/or subcontractor(s), and including such <br />indirect costs as real estate taxes, legal and accounting fees, insurance, architects' and <br />engineers' fees, loan fees, interest during construction and contractors' overhead. <br />10.7 Protection Against Liens: Developer shall diligently file a valid Notice of <br />Completion upon completion of the construction, diligently file a notice of cessation in the <br />event of a cessation of labor on the construction for a period of thirty (30) days or more, <br />and take all actions reasonably required to prevent the assertion of claims of lien against <br />the Property. In the event that any claim of lien is asserted against the property or any stop <br />notice or claim is asserted against the Agency by any person furnishing labor or materials <br />to the Property, Developer shall immediately give written notice of the same to Agency <br />and shall, promptly and in any event within ten (10) Business Days after written demand <br />therefor, (a) pay and discharge the same, (b) effect the release thereof by delivering to <br />Agency a surety bond complying with the requirement of applicable laws for such release, <br />80A-113 <br />
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