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NORTH BROADWAY HOUSING PARTNERS LP
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Last modified
4/18/2023 11:56:06 AM
Creation date
4/18/2023 11:49:28 AM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP
Contract #
A-2023-027
Agency
Community Development
Council Approval Date
3/7/2023
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signature block: "The contractor/provider by his/her signature affixed hereto declares <br />under penalty of perjury that contractor has read the requirements of the Section 3 Clause <br />and accepts all its requirements contained therein for all of his/her operations related to this <br />contract." <br />To the extent applicable, the Developer shall comply and/or cause <br />compliance with Section 3 Clause requirements for the Project. For example, when and if <br />Developer or its contractor(s)/subcontractor(s) hire(s) full time employees, rather than <br />volunteer labor or materials, Section 3 is applicable and all disclosure and reporting <br />requirements apply. <br />10.6. Construction Information. From time to time during the course of the <br />construction, within ten (10) Business Days following City's written demand therefor, <br />Developer shall furnish requested reports of project costs, progress schedules and AIA <br />G702 (application and certification for payment) contractors' costs breakdowns for the <br />construction, itemized as to trade description and item, showing the name of the <br />contractor(s) and/or subcontractor(s), and including such indirect costs as real estate taxes, <br />legal and accounting fees, insurance, architects' and engineers' fees, loan fees, interest <br />during construction and contractors' overhead. <br />10.7. Protection Against Liens. Developer shall diligently file a valid Notice <br />of Completion upon completion of the construction, diligently file a notice of cessation in <br />the 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 City by any person furnishing labor or materials to <br />the Property, Developer shall promptly give written notice of the same to City and shall, <br />promptly and in any event within ten (10) Business Days after written demand therefor, (a) <br />pay and discharge the same, (b) effect the release thereof by delivering to City a surety <br />bond complying with the requirement of applicable laws for such release, or (c) take such <br />other action as City may reasonably require to release City from any obligation or liability <br />with respect to such stop notice or claim. Nothing in this Section 10.7 shall limit or prohibit <br />Developer's right to contest any claim of lien, stop notice or claim described herein in good <br />faith. <br />10.8. General Contractors who are Related Parties to the Developer. If the <br />Project is developed with general contractors who are owned or controlled by Developer, <br />its members or its affiliates ("Related Parties") to the Developer, the Developer must be <br />audited to the subcontractor level by an outside auditing firm approved by the City. The <br />Developer shall pay for the audit to the subcontractor level by an outside auditing firm. <br />Section 11. FEDERAL (HOME -ARP AND HOME PROGRAM) COVENANTS <br />11.1. The Developer shall carry out the design, construction and operation of the <br />Project, in conformity with all applicable laws, regulations, and rules of governmental <br />agencies having jurisdiction, including without limitation and to the extent applicable, the <br />HOME -ARP and HOME Requirements and the legal requirements set forth in "Exhibit G" <br />28 <br />WISEPlace Permanent supportive Housing <br />City HOME -ARP Loan Agiwine it <br />
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