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4.9. SR 02-01-2021
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4.9. SR 02-01-2021
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b. Such other supporting evidence as may be reasonably requested by the <br />City, Bank or Escrow Agent to substantiate all payments, which are to be <br />made out of the final draw request and/or to substantiate all payments, then <br />made with respect to the project. <br />C. Satisfactory evidence that all work requiring inspection by governmental <br />authorities having jurisdiction, including the City, has been duly inspected <br />and approved by such authorities and that all requisite certificates of <br />occupancy, if applicable, and other approvals have been issued. <br />d. Final sworn construction statement. <br />e. The above items must be approved by the Bank prior to any final <br />disbursement of funds. <br />f. The Developer shall submit a maintenance bond, in a form satisfactory to <br />the City Attorney, from the date of project acceptance, as required by the <br />Development Agreement. <br />7. Not later than five business days following receipt of the documents <br />delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing <br />the City and Bank as to whether the delivered documents are satisfactory to it. If <br />documents are missing, the Escrow Agent will advise City, Bank and Developer. If the <br />documents are supplied to the satisfaction of the City, Bank and Escrow Agent, Escrow <br />Agent will within 3 business days transmit to the Developer the amount applied for in <br />the relevant draw request. <br />8. Developer will pay parties identified in the relevant draw request, the <br />amounts shown therein. Payment will only be made upon receipt of signed lien waivers <br />for the amount requested. <br />9. The Escrow Agent will keep and maintain books and records in sufficient <br />detail to reflect the disbursements made by it hereunder. City, Bank and Developer may, <br />during normal business hours, examine the books and records of Escrow Agent pertaining <br />to the disbursements made by it hereunder. The Escrow Agent shall notify the City, Bank <br />and Developer when the fund balance is less than $50,000. <br />10. No liability is assumed by Escrow Agent or City to the Developer or <br />contractors as regards protection against mechanic's lien or title claims. <br />11. Functions and duties assumed by the Escrow Agent include only those <br />described in this Agreement, and the Escrow Agent is not obligated to act except in <br />accordance with the terms and conditions of this Agreement. Escrow Agent, City and <br />Bank do not insure that the building or construction will be completed, or that the <br />building when completed will be in accordance with the plans and specifications, or that <br />0 <br />
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