05-27-2026 Council Packet - Laserfiche WebLink

Home Browse Search

S9-1 Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM SCHEDULE 9 FORM OF CONSTRUCTION CLOSEOUT DELIVERIES CERTIFICATE ____________ __, 20__ Allianz Life Insurance Company of North America, as Funding Lender c/o R4 Capital Funding LLC 780 Third Avenue, 16th Floor New York, New York 10017 Attention: Tara Nussbaum R4 Servicer LLC, as Controlling Person 155 Federal Street, Suite 1400 Boston, Massachusetts 02110 Attention: Greg Doble and Shannon Chase Re: Little Canada Senior Housing (the “Project Facilities”) Ladies and Gentlemen: The undersigned, being the owner of the Project Facilities hereby certifies to Allianz Life Insurance Company of North America, as the Funding Lender (the “Funding Lender”) and R4 Servicer LLC as Controlling Person (the “Controlling Person”) that that each of the “Construction Closeout Deliveries” (as defined in the Funding Loan Agreement dated as of June 1, 2026 (the “Funding Loan Agreement”) by and among the Funding Lender, the Fiscal Agent and the City of Little Canada, Minnesota (the “Governmental Lender”)) has been attained as of the date hereof and all conditions relating thereto as set forth in the Borrower Loan Agreement dated as of June 1, 2026 between the undersigned and the Governmental Lender (the “Borrower Loan Agreement”) have been satisfied. Capitalized terms used herein and not defined shall have the meanings ascribed thereto in the Funding Loan Agreement or the Borrower Loan Agreement. The undersigned hereby represents and warrants that: 1. Attached hereto is an original, executed Architect’s certificate in the form attached hereto as Exhibit A as required by clause (iii) of the definition of “Construction Closeout Deliveries” contained in the Funding Loan Agreement. 2. Attached hereto are true, complete and correct copies of all use and occupancy permits issued in connection with the Project Facilities (the “Permits”) as referenced in clause (ii) of the definition of “Completion” contained in the Funding Loan Agreement. The Permits are all of the permits, licenses or approvals required for the occupancy of the Project Facilities as a multifamily residential facility. No appeal, action or proceeding challenging any of the Permits has been filed; there is no pending claim, litigation or governmental proceeding challenging the Permits. 3. Attached hereto is a complete schedule of all Punchlist Items referenced in clause (i) of the definition of “Completion” contained in the Funding Loan Agreement. The undersigned has completed all Punchlist Items. 4. Attached are lien waivers required by clause (vi) of the definition of “Construction Closeout Deliveries” contained in the Funding Loan Agreement.