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2016-105 Council Resolution
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2016-105 Council Resolution
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6/14/2017 12:02:21 PM
Creation date
6/12/2017 12:00:42 PM
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City Council
Council Document Type
Resolutions
Meeting Date
09/12/2016
Council Meeting Type
Regular
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a. Sworn Construction Statement, setting forth all contractors and material <br />suppliers with whom the Developer has contracted, the amounts of each <br />contract, the amounts paid -to -date, the amounts being requested, and the <br />balances due. <br />b. The draw request by the Developer for the requested disbursement. <br />c. Written Approval by the City of the disbursement request, which approval shall <br />(i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) <br />business days following the date submitted by the Escrow Agent [in accordance <br />with Paragraph 7 below] with confirmation from the Escrow Agent that <br />Developer has provided all of the items required to be submitted under this <br />Paragraph 3. Failure by the City to respond to such request within such 10 <br />business day approval period shall automatically be deemed to be City's <br />approval to same. Escrow Agent may communicate with City electronically <br />relative to these requests. <br />d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and <br />releases of lien if necessary, in a form satisfactory to Escrow Agent and City. <br />e. A list showing each Contractor/Vendor to be paid from the current Draw <br />Request, the amount of payment, and the category of cost as shown on the <br />Sworn Construction Statement for which such payment are to be made. <br />f. Such other supporting evidence as may be reasonably requested by the City or <br />Escrow Agent to substantiate all payments that are to be made out of the <br />relevant Draw Request and/or to substantiate all payments, then made with <br />respect to the Project. <br />4. Escrow Agent's charges for all of the escrow services to be provided for pursuant to this <br />Agreement are $150.00 per draw. <br />5. No draw requests shall be made by Developer while another is pending or in the event <br />the City has declared default under the Development Contract & Planned Unit <br />Development Agreement. <br />6. At the time of submission of the final Draw Request, which shall not be submitted <br />before completion of the Project, including all landscape requirements, Developer shall <br />submit to City and Escrow Agent, in addition to the requirements listed in Paragraph 3 <br />above the following: <br />a. A written lien waiver from all Contractors for work done and materials furnished <br />for the Project. <br />
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