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06-22-2020 Council Packet
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06-22-2020 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/22/2020
Council Meeting Type
Regular
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3 <br /> <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 /> <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 /> <br />If requested by Bank or Escrow Agent, Developer shall also furnish to Bank and <br />Escrow Agent a copy of each contract with each of the Contractors. Developer <br />shall keep the Escrow Agent and Bank advised at all times of the names of all <br />Contractors, and of the type of work, material or services and of the dollar <br />amount covered by each of their respective contracts with Developer. It is <br />understood that only Contractors whose names, contract descriptions and, after <br />a request therefor, contracts have been furnished to Bank and Escrow Agent <br />shall be entitled to receive disbursements under this Agreement. <br /> <br />Developer may obtain advances for disbursement to contractors only to the <br />extent of the amount currently due to each Contractor for work satisfactorily <br />completed or materials actually incorporated into the Project by such <br />Contractor, less any retainage permitted to be withheld pursuant to such <br />Contractor's contract, and Developer agrees that all sums requested hereunder <br />for disbursement to each Contractor shall not exceed that amount. Escrow <br />Agent shall not be required to make the final advance for the payment of the full <br />amount of each Contractor's contract until the Bank and City are satisfied that all <br />of the work covered by such contract has been completed in accordance with <br />the approved Plans, and all requirements set forth in the Grading Agreement <br />and the Loan Agreement executed by Developer and Bank on _______________, <br />2020, in connection with the Loan Funds ("Loan Agreement"), have been fully <br />complied with, including, with respect to the General Contractor, the <br />requirements to evidence Completion of the Improvements. The Escrow Agent <br />shall perform a search of the appropriate records and, within five (5) Bus iness <br />Days after receiving the foregoing items, shall give Bank notice by telephone if <br />any intervening liens are disclosed (other than those expressly listed in the Title <br />Policy or subsequent amendments thereto previously given to Bank). If any such <br />intervening liens or other matters, which in Bank's and City’s judgment <br />jeopardize its security interest in the Project, are disclosed, the Escrow Agent <br />shall refrain from making further disbursements until Bank and the City notify <br />the Escrow Agent that such intervening liens or other matters have been waived <br />by Bank and City or satisfied. Upon demand of Bank and/or City, Developer shall <br />immediately cause any such liens or other matters to be satisfied of record or <br />bonded, or shall make other arrangements with respect to the discharge thereof <br />satisfactory to Bank and City.
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