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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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upon the Property to the extent of such costs and disbursements. <br /> Any such lien shall be subordinate and subject to mortgages, deeds <br /> of trust or other security instruments executed for the sole <br /> purpose of obtaining funds to purchase and develop the Property as <br /> authorized herein. <br /> Section 3 . 06 . RiQht of the Aaency to Satisfy Other <br /> Liens on the Property af ter Conveyance of <br /> Title. <br /> After the conveyance of title to the Property by the <br /> Agency to the Developer and prior to the recordation of the final <br /> Certificate of Completion, and after the Developer has had a <br /> reasonable time to challenge, cure or satisfy any unauthorized <br /> liens or encumbrances on the applicable Property, the Agency shall <br /> after sixty (60) calendar days prior written notice to the <br /> Developer have the right, but not the duty, to satisfy any such <br /> liens or encumbrances; provided, however, that nothing in this <br /> Agreement shall require the Developer to pay or make provisions for <br /> the payment of any tax, assessment, lien or charge so long as the <br /> Developer in good faith shall contest the validity or amount <br /> thereof, and so long as such delay in payment shal l not subj ect the <br /> Property, or any portion thereof, to forfeiture or sale. <br /> Section 3 . 07 . Certificate of Completion. <br /> a. Following the written request therefor by the <br /> Developer and the completion of construction and development of <br /> the Project, excluding any normal and customary tenant improvements <br /> and minor building "punch-list" items, the Agency shall furnish the <br /> Developer with a Certificate of Completion For the Project, <br /> substantially in the form of Exhibit "H" hereto. Notwithstanding <br /> any provision set forth herein to the contrary, the completion of <br /> construction and development of the Project on the Property shall <br /> be deemed to include the completion of construction and development <br /> of any and all buildings on the Property and any and all parking, <br /> landscaping and related improvements necessary to support or which <br /> meet the requirements applicable to the Project and its use and <br /> occupancy on said Property. If the Project is constructed in <br /> phases with the Agency' s approval, the Agency may issue a partial <br /> Certificate of Completion with respect to a phase, but, for the <br /> purposes of this Agreement, only the issuance of the final <br /> Certificate of Completion with respect to the entirety of the <br /> Project shall be deemed to be satisfaction of this requirement . <br /> b. The Agency shall not unreasonably withhold the <br /> issuance of such Certificate of Completion. The Certificate of <br /> Completion shall be a conclusive determination of satisfactory <br /> REDW\0006\DOC\013-7 <br /> 2 5 1\11\08 940 law <br />
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