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Res99 RD-99-30
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Res99 RD-99-30
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Last modified
2/23/2012 4:12:39 PM
Creation date
10/9/2003 2:23:13 PM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Resolution
Agency Type
Redevelopment
Date
8/9/1999
Supplemental fields
Box
6150
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§517 Certificates of Completion <br /> Promptly afrer completion of all construction to be completed by IAC for a Project Phase, <br /> IAC may notify the Agency that construction is complete and request issuance of the Certificate <br /> of Completion. The Agency shall issue the Certificate of Completion after Ciry staff have <br /> indicated to the Executive Director that the Project Phase has been completed in conformance <br /> with the approved Vesting Tentative Map and all other applicable codes and standazds of the <br /> City. It is acknowledged that all or some of the tenant improvements may not have been <br /> completed at the time the Certificate of Completion is requested; however, the Agency will <br /> require that the exterior design elements of the Project Phase (landscaping, building facades, and <br /> public azea improvements) be compieted as planned before issuing a Certificate of Completion. <br /> The Certificates of Completion shall be in the form of Attachment 10 hereto. Such <br /> Certificate of Completion shall be conclusive determination of satisfactory completion of the <br /> construction required by this Agreement upon the Project Phase and of full compliance with the <br /> terms of this Agreement with respect to the development of such Project Phase. Afrer issuance <br /> of such Certificate of Completion, any party then owning or thereafter putchasing, leasing or <br /> otherwise acquiring any interest in any portion of the IAC Project Site covered by that Certificate <br /> of Completion shall not (because of such ownership, purchase, lease or acquisition) incur any <br /> obligation or liability under this Agreement, except that such party shall be bound by any <br /> covenants contained in the deed, lease, mortgage, deed of trust, contract or other instrument of <br /> transfer in accordance with the provisions of Article 6 of this Agreement. Except as otherwise <br /> provided in Section 604, after the issuance of a Certificate of Completion as to a Project Phase, <br /> neither the Agency, the City nor any other person shall have any rights, remedies or controls that <br /> it would otherwise have or be entitled to exercise under this Agreement as a result of a Default in <br /> the performance of any provision of this Agreement, all of which shall terminate as to such <br /> Project Phase upon issuance of the Certificate of Completion for the Project Phase, and the <br /> respective rights and obligations of the parties with reference to the Project Phase shall be <br /> limited thereafter to those set forth in the Grant Deed or Grant Deeds relating thereto, which <br /> shall be in accordance with the provisions of Section 312 of this Agreement. <br /> The Agency shall not unreasonably withhold any Certificate of Completion. ff the <br /> Agency refuses or fails to issue a CeRificate of Completion afrer written request from IAC, the <br /> Agency shall, within ten (10) days of the next regulazly scheduled Agency meeting after such <br /> written request, provide IAC with a written statement of the reasons the Agency refused or failed <br /> to issue the Certificate of Completion. The statement shall also contain the Agency's opinion of <br /> the action IAC must take to obtain the Certificate of Completion. If the reason for such refusal is <br /> confined to the immediate unavailability of specific items or materials for landscaping, signage, <br /> etc. the Agency shall issue its Certificate of Completion upon the posting of a bond by IAC with <br /> the Agency in an amount representing a fair value of the work not yet completed. If the Agency <br /> - shall have failed to provide such written statement within the tenL10) day period after such <br /> Agency meeting, IAC shall be deemed entitled to the Certificate of Completion. <br /> Article 6. COVENANTS; NONDISCRIMINATION <br /> §601 Covenants as to Uses <br /> IAC covenants and agrees that during construction and thereafter, IAC shall devote the <br /> IAC Project Site to the uses specified in the Redevelopment Plan, the Grant Deed or Grant Deeds <br /> 28 <br /> 9627:8397625 <br />
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