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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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completion of all of the obligations of this Agreement with respect <br /> to the development of the Property. After the recordation of the <br /> Certificate of Completion, any party then owning or thereafter <br /> purchasing, leasing or otherwise acquiring any interest in the <br /> Property shall not (because of such ownership, purchase, lease or <br /> acquisition) incur any obligation or liability under this <br /> Agreement, except that such party shall be bound by any covenants <br /> contained in the Grant Deed, the Declaration of Affordability <br /> Covenants, the Declaration of Redevelopment Covenants, the Deed of <br /> Trust, any lease or other instrument of transfer which lease or <br /> other instrument of transfer shall include the provisions of <br /> Section 4 . 01 through 4 . 06, inclusive, of this Agreement . Neither <br /> the Agency nor any other person, after the recordation of the <br /> Certificate of Completion, shall have any rights, remedies or <br /> controls that it would otherwise have or be entitled to exercise <br /> under this Agreement with respect to the Property, as a result of <br /> a default in or breach of any provision of this Agreement, and the <br /> respective rights and obligations of the parties as to the Property <br /> and the Project shall be limited to those set forth in the Grant <br /> Deed, the Declaration of Affordability Covenants, the Declaration <br /> of Redevelopment Covenants and the Deed of Trust . <br /> c . The Certificate of Completion shall be in such form <br /> as to permit it to be recorded in the Recorder' s Office of San <br /> Mateo County. <br /> d. If the Agency refuses or fails to furnish a <br /> Certificate of Completion for the Project after written request <br /> from the Developer, the Agency shall, within r-r`==:fortv five <br /> (3�45) days of the written request or within three (3) days after <br /> the next regular meeting of the Agency, whichever date occurs <br /> later, provide to the Developer a written stateri�ent setting forth <br /> the reasons with respect to the Agency' s refusal or failure to <br /> furnish a Certificate of Completion. The statement shall also <br /> contain the Agency' s opinion of the action the Developer must take <br /> to obtain a Certificate of Completion. If the reason for such <br /> refusal is confined to the immediate unavailability of specific <br /> items or materials for construction or landscaping at a price <br /> reasonably acceptable to the Developer or other minor building <br /> "punch-list" items, the Agency will issue its Certificate of <br /> Completion upon the posting of a bond or irrevocable letter of <br /> credit, reasonably approved as to f orm and substance by the Agency <br /> and obtained by the Developer in an amount representing a fair <br /> value of the work not yet completed with respect to the Project, as <br /> reasonably determined by the Agency. If the Agency shall have <br /> failed to provide such written statement within the foregoing <br /> period, and provided that the Developer serves the Agency with <br /> written notice of this effect not less than five (5) days prior to <br /> REDW\0006\DOC\013-7 <br /> 2 6 1\11\08 940 law <br />
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