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R2003-66 AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT
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R2003-66 AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT
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1/14/2016 10:05:24 AM
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Resolution/Ordinance
Res Ord Num
R2003-66
Res Ord Title
AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT NEAR NORTH REDEVELOPMENT PROJECT
Approved Date
5/12/2003
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written approval of the Plans and Specifications for portions of the Infrastructure <br /> Improvements located in a public right of way and/or identified as Public Infrastructure <br /> Improvements. <br /> 5. Contingency Funds and Change Orders. The parties agree that all contingency funds as <br /> shown on the project budget attached as E�chibit C shall be used for construction of the <br /> Infrastructure Improvements. Any change orders to the Plans and Specifications that <br /> result in an increase in costs must be approved by the Authority, City and Contractor and <br /> such work contemplated under the change order shall only be undertaken if the parties <br /> identify additional funds outside the scope of this Agreement to cover the costs of such <br /> work. <br /> 6. Periodic Advances. The Authority covenants and agrees that the DHA Infrastructure <br /> Funds shall be disbursed through the Escrow Agent in monthly draws pursuant to an <br /> escrow agreement executed by and between the City, Authority and Escrow Agent (the <br /> "Escrow Agreement"). The City covenants and agrees that the Phase II Infrastructure <br /> Funds shall be disbursed through the Escrow Agent in monthly draws pursuant to the <br /> Escrow Agreement. The City covenants and agrees that it shall disburse the City <br /> Infrastructure Funds to the Escrow Agent in accordance with the Escrow Agreement at <br /> intervals of 30%, 60%, 90% and 100%of Project completion, or at more frequent <br /> intervals as agreed to by the parties, such completion schedule contained in the <br /> construction contract for the Infrastructure Improvements. Evidence of completion shall <br /> be provided to the City by a certificate from the Inspecting Engineer. The City <br /> Infrastructure Funds, to the degree available after disbursement in accordance with the <br /> construction completion schedule, shall be disbursed by the Escrow Agent to the <br /> Contractor in monthly draws. <br /> 7. Submission of Draw Requests. During construction of Infrastructure Improvements, the <br /> Contractor shall submit draw requests(��Draw Request")to the Authority and City no <br /> later than the fifth business day of the month following the month in which expenses <br /> accrued. Each Draw Request shall be accompanied by a detailed status report, a budget <br /> analysis identifying variances and payments, liens waivers and invoices, and other back- <br /> up information deemed necessary by the Authority andlor City. <br /> 8. Annroval of Draw Requests. The City and Authority covenant and agree to use their best <br /> efforts to coordinate their review and approval of draw requests within the following time <br /> frame: <br /> a. In order to ensure the Infrastructure Improvements are performed <br /> in a good and workmanlike manner and in compliance with the Plans and Specifications, <br /> the Authority and City shall utilize the City's Director of Engineering and Infrastructure, <br /> or his designee, as the inspecting engineer(the��Inspecting Engineer") to undertake an <br /> onsite inspection of the Project on the tenth(10�')business day of every month or not <br /> more than five(5) days after a Draw Request. <br /> b. Contractor will ensure that the title company performs a bring <br /> down search from the date that work commences on Project through the date of the Draw <br /> 4 <br />
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