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Agmt21 ROEM Project at 353 Main
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Agmt21 ROEM Project at 353 Main
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Last modified
12/3/2021 11:37:01 AM
Creation date
12/3/2021 11:32:49 AM
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Agreement
Contractor Name
353 Main St.
PROJECT NAME
Loan Agreement
RMP File Number
304
Date
7/13/2021
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name and qualifications of a proposed management agent (as required under Section 6.7 hereof), <br />a proposed management agreement and written guidelines or procedures for tenant selection (in <br />compliance with the Tenant Selection Plan approved pursuant to Section 2.13 below), operation <br />and management of the Development, and implementation of the income certification and <br />reporting requirements of the Regulatory Agreement (collectively, the "Management Plan"). <br />(b) The City shall approve or disapprove the Management Plan in writing <br />within fifteen (15) calendar days following the City's receipt of the complete Management Plan, <br />which approval shall not be unreasonably denied. If the Management Plan is disapproved by the <br />City, the City shall deliver a written notice to the Developer setting forth, in reasonable detail, <br />the reasons for such disapproval. The Developer shall have fifteen (15) calendar days following <br />the receipt of such notice to submit a revised Management Plan. The provisions of this Section <br />relating to time periods for approval, disapproval, and resubmission of the new Management <br />Plan shall continue to apply until the Management Plan has been approved by the City; provided, <br />however, that if the City's reasonable approval of the Management Plan has not been obtained by <br />the date set forth in the Development Schedule the City may terminate this Agreement pursuant <br />to Section 8.4. <br />Section 2.9 Construction Contract. <br />(a) No later than the date set forth in the Development Schedule, the <br />Developer shall submit to the City not less than three (3) proposals from prospective contractors <br />detailing the estimated development costs for the construction of the Improvements. The City <br />shall approve the contractor for the Improvements, which approval shall not be unreasonably <br />withheld, conditioned, or delayed. The City shall look to the totality of such proposals in the <br />evaluation of the proposals and cost shall not be the sole deciding factor. <br />(b) No later than the date set forth in the Development Schedule, the <br />Developer shall submit to the City for its limited approval the proposed construction contract, <br />with the approved contractor for the Improvements. The City's review and approval shall be <br />limited exclusively to a determination whether: (1) the guaranteed maximum construction cost <br />set forth in the construction contract is consistent with the approved Financing Plan; (2) the <br />construction contract is with the City approved contractor; (3) the construction contract contains <br />provisions consistent with the requirements of this Agreement; and (4) the construction contract <br />requires a retention of ten percent (10%) of costs until completion of the Improvements or as <br />approved by the City at is sole discretion. The City's approval of the construction contract shall <br />in no way be deemed to constitute approval of or concurrence with any other term or condition <br />of the construction contract. <br />(c) Upon receipt by the City of the proposed construction contract, the City <br />shall promptly review same and approve it within ten (10) days if it satisfies the limited criteria <br />set forth above. If the construction contract is not approved by the City, the City shall set forth <br />in writing and notify the Developer of the City's reasons for withholding such approval. The <br />Developer shall thereafter submit a revised construction contract for City approval, which <br />approval shall be granted or denied in ten (10) days in accordance with the criteria and <br />procedures set forth above. Any construction contract executed by the Developer for the <br />Improvements shall be in a form approved by the City, which approval shall not be unreasonably <br />withheld, conditioned, or delayed. <br />REV: 06-17-2020 PR <br />1199\09\2727850.8 <br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 21 of 143) <br />
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