Common use of Conditions Precedent to Individual Disbursements Clause in Contracts

Conditions Precedent to Individual Disbursements. The Department shall not be obligated to make any disbursement of Program Funds or take any other actions under this Agreement or the Standard Agreement unless all of the following conditions precedent are satisfied at the time of such actions: a. Recipient has and will continue to maintain site control over the Infrastructure Project and Housing Development. Recipient has provided to the Department evidence demonstrating that Recipient has obtained all licenses, easements and right-of-way or other interest required for completion of the Infrastructure Project or Housing Development. b. If applicable, Recipient has provided to the Department a relocation plan conforming to the requirements of state law and regulations issued by the Department in California Code of Regulations Title 25, Section 6000 et seq. c. Recipient has executed and provided to the Department a Certificate of Identity of Interest. d. Recipient has obtained all necessary insurance policies and endorsements as described in Exhibit E of this Agreement. e. The Recipient shall provide security to assure completion of the Project by furnishing the Department and other construction lenders with Performance and Payment Bonds, or a Letter of Credit for the Infrastructure and Housing Development, which shall remain in effect during the entire term of construction of both the Infrastructure and Housing Development Scope of Work, respectively , and which shall be in a form and from an issuer which is acceptable to the construction lenders and Department. The Performance Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the faithful performance of the Standard Agreement including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the payment of all persons performing labor on the Project and furnishing materials in connection with the Project. If a Letter of Credit is used, it shall be in an amount equal to at least 20% of the approved construction costs. The Department shall be named as an additional obligee in the Bonds or beneficiary under a Letter of Credit. f. Recipient has obtained all required permits and approvals required for the lawful construction of the Infrastructure Project and, when required by the Department, the Housing Development. g. Where approval by a local public works department, or its equivalent, is required for the Infrastructure Project, the applicant must submit a statement from that department, or other documentation acceptable to the Department, indicating that the Infrastructure Project has received that approval. h. Recipient has received all required public agency entitlements and land use approvals for the Housing Development. i. Submission to the Department of all lien waivers required by the Department or passage of the applicable statutory periods for filing mechanic and other similar liens. j. Recipient has obtained all applicable CEQA and NEPA clearances and submitted evidence thereof as required by the Department. k. Recipient has provided to the Department a Title Report acceptable to the Department. l. Recipient has executed and recorded a written covenant for the development of affordable housing with the Department as required in the Standard Agreement. m. Recipient has provided evidence of binding agreements for construction financing and enforceable commitments for permanent financing as identified in the Sources and Uses of Funds (or equivalent, alternative financing approved by the Department) demonstrating adequate funding to complete the Infrastructure Project and Housing Development and to provide permanent financing therefore. n. Recipient has provided evidence acceptable to the Department of ongoing compliance with State Prevailing Wage Law as required by the Grant Documents and the Guidelines. o. Recipient has completed, executed and submitted to the Department, on a form provided by the Department, a Draw Request indicating Recipient's request for disbursement of Program Funds. p. Recipient has completed or complied with all events or conditions in the Disbursement Schedule prior to the submission of the Draw Request. q. Recipient has complied with all special conditions contained in the Exhibit F which are conditions precedent to the disbursement of Program Funds. r. Recipient has submitted a Draw Request as provided below.

Conditions Precedent to Individual Disbursements. The Department shall not be obligated to make any disbursement of Program Funds or take any other actions under this Agreement or the Standard Agreement unless all of the following conditions precedent are satisfied at the time of such actions: a. Recipient has and will continue to maintain site control over the Infrastructure Project and Housing Development. Recipient has provided to the Department evidence demonstrating that Recipient has obtained all licenses, easements and right-of-way or other interest required for completion of the Infrastructure Project or and the Housing Development. b. If applicable, Recipient has provided to the Department a relocation plan conforming to the requirements of state law and regulations issued by the Department in California Code of Regulations Title 25, Section 6000 et seq. c. Recipient has executed and provided to the Department a Certificate of Identity of Interest. d. Recipient has obtained all necessary insurance policies and endorsements as described in Exhibit E of this Agreement. e. The Recipient shall provide security to assure completion of the Project by furnishing the Department and other construction lenders with Performance and Payment Bonds, or a Letter of Credit for the Infrastructure and Housing DevelopmentCredit, which shall remain in effect during the entire term of construction of both the Infrastructure and Housing Development Scope of Work, respectively , and which shall be in a form and from an issuer which is acceptable to the construction lenders and Department. The Performance Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the faithful performance of the Standard Agreement including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs i to provide security for the payment of all persons performing labor on the Project and furnishing materials in connection with the Project. If a Letter of Credit is used, it shall be in an amount equal to at least 20% of the approved construction costs. The Department shall be named as an additional obligee in the Bonds or beneficiary under a Letter of Credit. f. Recipient has obtained all required permits and approvals required for the lawful construction of the Infrastructure Project and, when required by the Department, the Housing Development. g. Where approval by a local public works department, or its equivalent, is required for the Infrastructure Project, the applicant must submit a statement from that department, or other documentation acceptable to the Department, indicating that the Infrastructure Project has received that approval. h. Recipient has received all required public agency entitlements and land use approvals for the Housing Development. If the Housing Development includes multiple phases or developments, no Program Funds shall be disbursed until all entitlements and funding commitments for at least the first phase of the Housing Development has been received. i. Submission to the Department of all lien waivers required by the Department or passage of the applicable statutory periods for filing mechanic and other similar liens. j. Recipient has obtained all applicable CEQA and NEPA clearances and submitted evidence thereof as required by the Department. k. Recipient has provided to the Department a Title Report acceptable to the Department. l. Recipient has executed and recorded a written covenant for the development of affordable housing with the Department as required in the Standard Agreement. m. Recipient has provided evidence of binding agreements for construction financing and enforceable commitments for permanent financing as identified in the Sources and Uses of Funds (or equivalent, alternative financing approved by the Department) demonstrating adequate funding to complete the Infrastructure Project and Housing Development and to provide permanent financing therefore. If the Housing Development includes multiple phases or developments, no Program Funds shall be disbursed until all binding agreements for construction financing and enforceable commitments for permanent financing for at least the first phase of the Housing Development has been received. n. Recipient has provided evidence acceptable to the Department of ongoing compliance with State Prevailing Wage Law as required by the Grant Documents and the Guidelines. o. Recipient has completed, executed and submitted to the Department, on a form provided by the Department, a Draw Request indicating Recipient's request for disbursement of Program Funds. p. Recipient has completed or complied with all events or conditions in the Disbursement Schedule prior to the submission of the Draw Request. q. Recipient has complied with all special conditions contained in the Exhibit F which are conditions precedent to the disbursement of Program Funds. r. Recipient has submitted a Draw Request as provided below.

Conditions Precedent to Individual Disbursements. The Department shall not be obligated to make any disbursement of Program Funds or take any other actions under this Agreement or the Standard Agreement unless unless, in addition to satisfying any other conditions contained herein, all of the following conditions precedent are also satisfied at the time of such actions: a. Recipient has and will continue to maintain site control over the Infrastructure Project and Housing DevelopmentWork. Recipient has provided to the Department evidence demonstrating that Recipient has obtained all licenses, easements and right-of-way or other interest required for completion of the Infrastructure Project or Housing DevelopmentWork. b. If applicable, Recipient has provided to the Department a relocation plan conforming to the requirements of state law and regulations issued by the Department in California Code of Regulations Title 25, Section 6000 et seq. c. Recipient has executed and provided to the Department a Certificate of Identity of Interest. d. Recipient has obtained all necessary insurance policies and endorsements as described in Exhibit E of this Agreement. e. The Recipient shall provide security to assure completion of the Project by furnishing the Department and other construction lenders with Performance performance and Payment Bondspayment bonds, or a Letter letter of Credit credit for the Infrastructure and Housing DevelopmentWork, which shall remain in effect during the entire term of construction of both the Infrastructure and Housing Development Scope of Work, respectively , and which shall be in a form and from an issuer which is acceptable to the construction lenders and Department. The Performance Bond performance bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the faithful performance of the Standard Agreement including a warranty period of at least 12 months after completion. The Payment Bond payment bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the payment of all persons performing labor on the Project and furnishing materials in connection with the Project. If a Letter letter of Credit credit is used, it shall be in an amount equal to at least 20% of the approved construction costs. The Department shall be named as an additional obligee in the Bonds bonds or beneficiary under a Letter letter of Creditcredit. f. Recipient has obtained all required permits and approvals required for the lawful construction of the Infrastructure Project Work and, when required by the Department, the Affordable Housing Development. g. Where approval by a local public works department, or its equivalent, is required for the Infrastructure ProjectHRI, STI, or TRA, the applicant must submit a statement from that department, or other documentation acceptable to the Department, indicating that the Infrastructure Project HRI, STI or TRA has received that approval. h. Recipient has received all required public agency entitlements and land use approvals for the Housing Development. i. Submission to the Department of all lien waivers required by the Department or passage of the applicable statutory periods for filing mechanic and other similar liens. j. Recipient has obtained all applicable CEQA and NEPA clearances and submitted evidence thereof as required by the Department. k. For HRI activities, Recipient has provided to the Department a Title Report title report acceptable to the Department. l. For HRI activities, Recipient has executed and recorded a written covenant for the development of affordable housing with the Department as required in the Standard Agreement. m. Recipient has provided evidence of binding agreements for construction financing and enforceable commitments for permanent financing as identified in the Sources and Uses of Funds (or equivalent, alternative financing approved by the Department) demonstrating adequate funding to complete the Infrastructure Project and Housing Development and to provide permanent financing thereforeWork. n. Recipient has provided evidence acceptable to the Department of ongoing compliance with State Prevailing Wage Law state prevailing wage law as required by the Grant Documents and the Guidelines. o. Recipient has completed, executed and submitted to the Department, on a form provided by the Department, a Draw Request indicating Recipient's request for disbursement of Program Funds. p. Recipient has completed or complied with all events or conditions in the Disbursement Schedule prior to the submission of the Draw Request. q. Recipient has complied with all special conditions contained in the Exhibit F F, which are conditions precedent to the disbursement of Program Funds. r. Recipient has submitted a Draw Request as provided below.

Conditions Precedent to Individual Disbursements. The Department shall not be obligated to make any disbursement of Program Funds or take any other actions under this Agreement or the Standard Agreement unless all of the following conditions precedent are satisfied at the time of such actions: a. Recipient has and will continue to maintain site control over the Infrastructure Project and Housing Development. Recipient has provided to the Department evidence demonstrating that Recipient has obtained all licenses, easements and right-of-way or other interest required for completion of the Infrastructure Project or Housing Development. b. If applicable, Recipient has provided to the Department a relocation plan conforming to the requirements of state law and regulations issued by the Department in California Code of Regulations Title 25, Section 6000 et seq. c. Recipient has executed and provided to the Department a Certificate of Identity of Interest. d. Recipient has obtained all necessary insurance policies and endorsements as described in Exhibit E of this Agreement. e. The Recipient shall provide security to assure completion of the Project by furnishing the Department and other construction lenders with Performance and Payment Bonds, or a Letter of Credit for the Infrastructure and Housing DevelopmentCredit, which shall remain in effect during the entire term of construction of both the Infrastructure and Housing Development Scope of Work, respectively , and which shall be in a form and from an issuer which is acceptable to the construction lenders and Department. The Performance Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the faithful performance of the Standard Agreement including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to one hundred percent (100%) of the approved construction costs to provide security for the payment of all persons performing labor on the Project and furnishing materials in connection with the Project. If a Letter of Credit is used, it shall be in an amount equal to at least 20% of the approved construction costs. The Department shall be named as an additional obligee in the Bonds or beneficiary under a Letter of Credit. f. Recipient has obtained all required permits and approvals required for the lawful construction of the Infrastructure Project and, when required by the Department, the Housing Development. g. Where approval by a local public works department, or its equivalent, is required for the Infrastructure Project, the applicant must submit a statement from that department, or other documentation acceptable to the Department, indicating that the Infrastructure Project has received that approval. h. Recipient has received all required public agency entitlements and land use approvals for the Housing Development. i. Submission to the Department of all lien waivers required by the Department or passage of the applicable statutory periods for filing mechanic and other similar liens. j. Recipient has obtained all applicable CEQA and NEPA clearances and submitted evidence thereof as required by the Department. k. Recipient has provided to the Department a Title Report acceptable to the Department. l. Recipient has executed and recorded a written covenant for the development of affordable housing with the Department as required in the Standard Agreement. m. Recipient has provided evidence of binding agreements for construction financing and enforceable commitments for permanent financing as identified in the Sources and Uses of Funds (or equivalent, alternative financing approved by the Department) demonstrating adequate funding to complete the Infrastructure Project and Housing Development and to provide permanent financing therefore. n. Recipient has provided evidence acceptable to the Department of ongoing compliance with State Prevailing Wage Law as required by the Grant Documents and the Guidelines. o. Recipient has completed, executed and submitted to the Department, on a form provided by the Department, a Draw Request indicating Recipient's request for disbursement of Program Funds. p. Recipient has completed or complied with all events or conditions in the Disbursement Schedule prior to the submission of the Draw Request. q. Recipient has complied with all special conditions contained in the Exhibit F which are conditions precedent to the disbursement of Program Funds. r. Recipient has submitted a Draw Request as provided below.