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HOUSING AUTHORITY OF THE CITY OF SANTA ANA
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Last modified
3/19/2024 2:24:59 PM
Creation date
3/19/2024 2:19:59 PM
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Contracts
Company Name
HOUSING AUTHORITY OF THE CITY OF SANTA ANA
Contract #
A-2023-108-03
Agency
Community Development
Council Approval Date
6/6/2023
Expiration Date
6/30/2025
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set forth in the Cost Proposal and to promptly commence the construction of the Tenant <br />Improvements in accordance with the Approved Working Drawings. <br />Performance of the Landlord Work. <br />(a) Landlord shall cause the Contractor to obtain all applicable building permits <br />for construction of the Landlord Work (collectively, the "Permits'), and to perform the <br />Landlord Work in a good and workmanlike manner and in compliance with the Permits <br />and all applicable Laws in effect at the time of construction. All costs associated with <br />obtaining Permits will be deducted from the'l'enant Allowance. <br />(b) If any local governmental agency requires revisions to the Approved <br />Working Drawings, Tenant shall be deemed to have approved any adjustments to the <br />Approved Working Drawings and the Cost Proposal resulting therefrom. If any Authority <br />issuing Permits for the construction of the Tenant Improvements shall impose terms or <br />conditions upon the construction thereof that; (1) are inconsistent with Landlord's <br />obligations hereunder; (ii) increase the cost of constructing the Tenant improvements; or <br />(iii) wilt materially delay the construction of the Tenant Improvements, Landlord and <br />Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate <br />any such adverse terns and conditions. <br />7. Change Requests. No changes to the Approved Working Drawings or the agreed <br />Cost Proposal may be made without the prior written consent of Landlord, which consent may be <br />withheld in Landlord's sole discretion. If Tenant requests a change that would directly or indirectly <br />delay the Substantial Completion of the Tenant Improvements, Landlord shall not be obligated to <br />make such change unless Tenant agrees in writing that such delay (in the amount reasonably <br />determined by Landlord) is a Tenant Delay. If Tenant requests a change to the Approved Working <br />Drawings that increases the agreed Cost Proposal, Landlord shall not be obligated to make such <br />change unless Tenant agrees in writing to pay any such increase in costs in accordance with Section <br />10. <br />8. Substantial Conruletion. When Landlord's architect certifies that the Landlord <br />Work is Substantially Complete, Landlord shall notify Tenant thereof in writing. Tenant's <br />Representative and Landlord's Representative shall at a mutually convenient date and time [but in <br />no event later than ten (10) days after such notice] conduct a joint walk-through of the Premises in <br />order to review the Tenant Improvements. Based upon said walk-through, Landlord's <br />Representative and Tenant's Representative shall prepare a list of Punch List Work and, subject to <br />Force Majeure, Tenant Delays and other causes beyond Landlord's reasonable control, Landlord <br />shall complete the Punch List Work items within thirty (30) days after such joint walk-through. In <br />the event of any dispute as to whether Landlord has Substantially Completed the Tenant <br />Improvements, the City will be afforded an opportunity to provide input before the Landlord's <br />architect renders a final decision on the dispute. The decision of Landlord's architect shall be <br />limal and binding on the parties. Tenant agrees that, at the request of Landlord from time to time <br />after the initial inspection, Tenant shall initial such punch list or execute revised lists of Punch List <br />Work to reflect completion or partial completion of priorPunch List Work. <br />10 <br />5910216.11 <br />
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