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SANTA ANA WBBB, LP 4
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Last modified
3/6/2017 1:21:10 PM
Creation date
4/6/2011 3:38:12 PM
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Contracts
Company Name
SANTA ANA WBBB, LP
Contract #
A-2011-051
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
3/7/2011
Destruction Year
0
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1003. Change Orders. The contract for construction shall not be modified except pursuant <br />to change orders. All change orders: <br />(a) shall be in writing, numbered in sequence, signed by Developer and <br />submitted to City prior to the proposed effectiveness thereof and accompanied by any working <br />drawings and a written narrative of the proposed change. <br />(b) Shall be subject to the Executive Director's and Senior Lender's prior <br />written approval of the Executive Director and Bank. <br />1004. Entry and Inspection. At all times prior to completion of the construction, upon <br />reasonable notice, Agency/City and their agents shall have (a) the right of free access to the Property <br />and all sites away from the Property where materials for the construction are stored, (b) the right to <br />inspect all labor performed and materials furnished for the construction, and (c) the right to inspect <br />and copy all documents pertaining to the construction. <br />1005. Construction Information. As a Condition Precedent to each and every <br />disbursement of the Loans and from time to time during the course of the construction, within ten <br />(10) Business Days following Agency or City's written demand therefore, Developer shall furnish <br />requested reports of Project Costs, progress schedules and contractors' costs breakdowns for the <br />construction, itemized as to trade description and item, showing the name of the contractor(s) and/or <br />subcontractor(s), and including such indirect costs as real estate taxes, legal and accounting fees, <br />insurance, architects' and engineers' fees, loan fees, interest during construction and contractors' <br />overhead. Proceeds of the City Loan shall be used only for construction relating to the HOME Units <br />and Developer shall provide documentation to City with each draw request to evidence compliance <br />with this requirement. <br />1006. 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 event of a <br />cessation of labor on the construction for a period of thirty (30) days or more, and take all actions <br />reasonably required to prevent the assertion of claims of lien against the Property. In the event that <br />any claim of lien is asserted against the property or any stop notice or claim is asserted against the <br />Agency or the City by any person furnishing labor or materials to the Property, Developer shall <br />immediately give written notice of the same to Agency/City and shall, promptly and in any event <br />within ten (10) Business Days after written demand therefor, (a) pay and discharge the same, <br />(b) effect the release thereof by delivering to Agency/City a surety bond complying with the <br />requirement of applicable laws for such release, or (c) take such other action as Agency/City may <br />require to release Agency/City from any obligation or liability with respect to such stop notice or <br />claim. <br />1100. FEDERAL (HOME/NSP PROGRAMS) AND REDEVELOPMENT COVENANTS <br />1101. CHDO. Orange Housing Development Corporation, the sole member of the <br />managing general partner of Developer, represents and warrants that it qualifies and is in good <br />standing as a Community Housing Development Organization under the HOME Program. <br />Developer hereby covenants and agrees to maintain such status throughout the term of this <br />Agreement, and to provide the Agency and City with written documentation necessary to <br />demonstrate maintenance of said status on an annual basis. In the event Orange Housing <br />Development Corporation transfers its general partnership interest in Developer to another entity <br />33 <br />DOCSOC/ 1469583v5/200272-0003
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