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(f) the Affordability Restrictions. <br />601.2 Design Approvals. The Developer shall have obtained approval by the <br />Agency of the Design Development Drawings as set forth in Section 302. <br />601.3 Land Use Approvals. The Developer shall have received all land use <br />approvals and permits required pursuant to Section 303. <br />601.4 Construction Contract; General Contractor. Developer shall have <br />provided to Agency and City (within a reasonable time for Executive Director to review, comment <br />and approve or disapprove) a signed copy of the Construction Contracts between Developer and the <br />General Contractor and between Developer's General Contractor and each subcontractor for the <br />construction of the Improvements inclusive of all on-site and off-site improvements required to be <br />constructed in connection therewith, if any, certified by the General Contractor to be a true and <br />correct copy thereof, and Executive Director shall have reasonably approved such General <br />Contractor) as having the experience and financial resources (based on audited or unaudited financial <br />statements submitted to Executive Director) necessary to construct and complete the Project. <br />Developer shall submit to Agency and City evidence regarding each entity serving as a subcontractor <br />for the construction of each portion of the Improvements, along with satisfactory evidence of <br />necessary license(s), certification(s), bonding (with respect to the General Contractor's license bond <br />required by the State of California) and insurance, all as required by this Agreement and as <br />reasonably requested by Executive Director. Each Construction Contract (and all subcontracts) shall <br />include the Section 3 Clause set forth in Section 309.2 hereof. The Construction Contract with the <br />General Contractor shall be for a fixed, all-inclusive fee to complete all work to be performed by the <br />General Contractor to construct the Improvements, subject to approved change orders. Selection of <br />the General Contractor (and any and all subcontractors) and the form of the Construction Contract <br />(and any and all subcontracts) shall comply with all applicable requirements of the Redevelopment <br />Law, the HOME Regulations and the NSP Requirements. <br />601.5 Construction Security. Developer shall have obtained (or shall have <br />required the General Contractor to obtain) and shall have delivered to Agency and City payment and <br />performance bonds in favor of Agency and City, as co-obligees, in the amount of one hundred <br />percent (100%) of the full amount of the Construction Contract or such other construction security as <br />may be approved by the Executive Director, subject to compliance with all applicable requirements <br />of the Redevelopment Law, the HOME Regulations and the NSP Requirements. Executive Director <br />shall have no obligation to approve any form of substitute construction security that does not <br />(a) provide substantially equivalent protection to the City and Agency as 100% payment and <br />performance bonds and (b) comply with all applicable requirements of the Redevelopment Law, the <br />HOME Regulations and the NSP Requirements. <br />601.6 Financing. The Agency shall have approved Developer's evidence of <br />financing of the Improvements on the Property as provided in Section 311.1 and such financing shall <br />be available for development of the Improvements or, to the extent said financing consists of a third <br />party loan or loans, said loan or loans shall have closed and funded or be ready to close and fund <br />concurrently with the Loans. <br />601.7 Final Project Budget and Construction Schedule. Developer shall have <br />submitted to Agency/City and Agency/City shall have approved the final/updated Project Budget and <br />updated construction schedule for the construction of Improvements. <br />21 <br />DOCSOC/ 1469583 v5/200272-0003