Agmt13 County of San Mateo Dept of Housing - re-turf Fair Oaks Athletic Field

Browse Search

15. Securitv. Funding is provided as a grant subject to the continuous use as an athletic field. If County determines noncompliance as described in Section 12 above, the entire amount will be due at three (3) percent simple interest. 16. Due on Sale, Refinance or Transfer of Title. Contractor shall not assign its rights under this Agreement without obtaining the prior written consent of the Director or his/her designee or sell or refinance the Property or Project other than a refinance for a permanent loan to repay any interim loans taken out to undertake the construction of the Project. In the event of a sale or transfer of the Project or any interest therein by Contractor without such consent, the entire funding provided under this Agreement, including any accumulated interest, will be immediately due and payable. 17. Breach. In the event Contractor breaches any of the terms and conditions of this Agreement after thirty (30) days written notice and failure to correct the breach to the satisfaction of County, the Contractor will be in default of the terms and conditions of this Agreement, and the County may demand immediate and full payment of the amount of this Agreement and any accrued interest, and/ or may initiate foreclosure proceedings under the Deed of Trust. Default may result from, but is not necessarily limited to, the following: a. Failure of Contractor to make any payment hereunder as when and due; b. Failure of Contractor to perform or observe any terms or provisions of this Agreement; c. Use of funds under this Agreement for purposes not approved by the County; or d. Occurrence of any other event (whether termed default, event of default or otherwise) which under the terms of this Agreement will entitle the County to exercise rights or remedies hereunder. 18. Contract Number. All correspondence, invoices, payments, and reports must include the County contract number. 19. Mandatorv Acknowledament of County as Funder. All projects/programs receiving any type of funding assistance and or substantial technical assistance through DOH will be required to indicate such in any advertising, marketing, public presentations, press releases, written materials or project descriptions. Such acknowledgement should also identify the involvement of HUD (by specific reference to U.S. Department of Housing 8� Urban Development). All Capital projects must display signage as described below: ■ Temporarv Construction Siqnaqe identifvinq DOH funding and/or technical assistance and HUD involvement must be appropriately displayed during the major portion of the construction phase. Such signage must be provided by the Contractor and must be pre- approved by the DOH in design and content. ■ Permanent Sianaae must be attached to all completed projects and must be displayed in a visible, heavily trafficked area of the project, e.g., front lobby, main entry or walkway, etc. Location ot display must be approved by DOH . Permanent historical signage in the form of an 8' x 10" bronze plaque will be provide by the DOH and may be reimbursed from loan proceeds as a project cost. As an alternative, County may agree to other signage which acknowledges the DOH and HUD, but such signage must be approved in advance. ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II REV:01-29-13 MLG Page 12 of 21