Common use of Mechanics Liens, Stop Notices, and Notices of Completion Clause in Contracts

Mechanics Liens, Stop Notices, and Notices of Completion. 8.1 If any claim of lien is filed against the Easement Area (or any portion thereof), or a stop notice is served on the Housing Authority, in connection with the Easement Permitted Work, then the Developer shall, within thirty (30) calendar days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the Housing Authority a surety bond in sufficient form and amount, or provide the Housing Authority with other assurance reasonably satisfactory to the Housing Authority that the claim of lien or stop notice will be paid or discharged. 8.2 If the Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section 8, then in addition to any other right or remedy, the Housing Authority may (but shall be under no obligation to) discharge such lien, encumbrance, charge, or claim at the Developer's expense. Alternately, the Housing Authority may require the Developer to promptly deposit with the Housing Authority the amount necessary to satisfy such lien or claim pending resolution thereof. The Housing Authority may use such deposit to satisfy any claim or lien that is adversely determined against the Developer. 8.3 The Developer shall record a valid notice of cessation or notice of completion upon cessation of the Easement Permitted Work for a continuous period of thirty (30) calendar days or more, and shall take all other reasonable steps to forestall the assertion of claims of lien against the Easement Area in connection with the Easement Permitted Work. The Developer authorizes the Housing Authority, but without any obligation, to record any notices of completion or cessation of labor, or any other notice that the Housing Authority deems necessary or desirable to protect its interest in the Easement Area, including the posting and recording of a notice of non-responsibility pursuant to Section 8444 of the California Civil Code.

Appears in 1 contract

Samples: Easement Agreement

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Mechanics Liens, Stop Notices, and Notices of Completion. 8.1 (a) If any claim of lien is filed against the Easement Area (or any portion thereof), Property or a stop notice affecting the completion of construction is served on the Housing Authority, Authority or any other lender or other third party in connection with the Easement Permitted WorkProject, then the Developer Borrower shall, within thirty (30) calendar days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the Housing Authority a surety bond in sufficient form and amount, or provide the Housing Authority with other assurance reasonably satisfactory to the Housing Authority that the claim of lien or stop notice will be paid or discharged, provided that the Authority provides written notice of such claim of lien or stop notice to the Borrower promptly upon receipt by the Authority. 8.2 (b) If the Developer Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section 8Section, then in addition to any other right or remedy, the Housing Authority may with notice to Borrower (but shall be under no obligation to) discharge such lien, encumbrance, charge, or claim at the DeveloperBorrower's expense. Alternately, the Housing Authority may require the Developer Borrower to promptly immediately deposit with the Housing Authority the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The Housing Authority may use such deposit to satisfy any claim or lien that is adversely determined against the DeveloperBorrower. 8.3 (c) The Developer Borrower shall record file a valid notice of cessation or notice of completion upon cessation of construction on the Easement Permitted Work Project for a continuous period of thirty (30) calendar days or more, except in the event such cessation of construction is caused by adverse weather conditions, and shall take all other reasonable steps to forestall the assertion of claims of lien against the Easement Area in connection with the Easement Permitted WorkProperty. The Developer Borrower authorizes the Housing Authority, but without any obligationobligation on the Authority, to record any notices of completion or cessation of labor, or any other notice that the Housing Authority deems necessary or desirable to protect its interest in the Easement Area, including the posting Project and recording of a notice of non-responsibility pursuant to Section 8444 of the California Civil CodeProperty.

Appears in 1 contract

Samples: Loan Agreement

Mechanics Liens, Stop Notices, and Notices of Completion. 8.1 (a) If any claim of lien is filed against the Easement Area (Affordable Developer Parcel or any portion thereof), Affordable Development Improvements or a stop notice is served on the Housing Authority, Commission or any other lender or other third party in connection with the Easement Permitted WorkAffordable Development Improvements, then the Affordable Developer shallmust, within thirty twenty (3020) calendar days after such filing or service, either pay and fully discharge or cause the Affordable Developer's contractor to pay and fully discharge, the lien or stop notice, effect the release of such lien or stop notice by delivering to the Housing Authority Commission a surety bond from a surety reasonably acceptable to the Commission in sufficient form and amount, or provide the Housing Authority Commission with other assurance reasonably satisfactory to the Housing Authority Commission that the claim of lien or stop notice will be paid or discharged. 8.2 (b) If the Affordable Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section 8or obtain a surety bond, then in addition to any other right or remedy, the Housing Authority Commission may (but shall be is under no obligation to) discharge such lien, encumbrance, charge, or claim at the Affordable Developer's expense. AlternatelyAlternatively, the Housing Authority Commission may require the Affordable Developer to promptly immediately deposit with the Housing Authority Commission the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The Housing Authority Commission may use such deposit to satisfy any claim or lien that is adversely determined against the Affordable Developer. 8.3 (c) The Affordable Developer shall record must file a valid notice of cessation or notice of completion upon cessation of construction of the Easement Permitted Work Affordable Development Improvements for a continuous period of thirty (30) calendar days or more, and shall take all other reasonable steps to forestall the assertion of claims of lien against the Easement Area in connection with Affordable Developer Parcel and/or the Easement Permitted WorkAffordable Development Improvements. The Affordable Developer authorizes the Housing AuthorityCommission, but without any obligation, to record any notices of completion or cessation of labor, or any other notice that the Housing Authority Commission deems necessary or desirable to protect its interest in the Easement Area, including Affordable Development Improvements and the posting and recording of a notice of non-responsibility pursuant to Section 8444 of the California Civil CodeAffordable Developer Parcel.

Appears in 1 contract

Samples: Disposition, Development and Funding Agreement

Mechanics Liens, Stop Notices, and Notices of Completion. 8.1 If any claim of lien is filed against the Easement Area (Property or any portion thereof), the Development or a stop notice is served on the Housing Authority, any lender or other third party in connection with the Easement Permitted WorkDevelopment, then the Developer shallmust, within thirty twenty (3020) calendar days after such filing or service, either pay and fully discharge or cause the Developer’s contractor to pay and fully discharge, the lien or stop notice, effect the release of such lien or stop notice by delivering to the Housing Authority City a surety bond from a surety reasonably acceptable to the City in sufficient form and amount, or provide the Housing Authority City with other assurance reasonably satisfactory to the Housing Authority City that the claim of lien or stop notice will be paid or discharged. 8.2 (a) If the Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section 8or obtain a surety bond, then in addition to any other right or remedy, the Housing Authority City may (but shall be is under no obligation to) discharge such lien, encumbrance, charge, or claim at the Developer's ’s expense. AlternatelyAlternatively, the Housing Authority City may require the Developer to promptly immediately deposit with the Housing Authority City the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The Housing Authority City may use such deposit to satisfy any claim or lien that is adversely determined against the Developer. 8.3 (b) The Developer shall record must file a valid notice of cessation or notice of completion upon cessation of construction of the Easement Permitted Work Development for a continuous period of thirty (30) calendar days or more, more and shall take all other reasonable steps to forestall the assertion of claims of lien against the Easement Area in connection with Property or the Easement Permitted WorkDevelopment. The Developer authorizes the Housing AuthorityCity, but without any obligation, to record any notices of completion or cessation of labor, or any other notice that the Housing Authority City deems necessary or desirable to protect its interest in the Easement Area, including the posting Development and recording of a notice of non-responsibility pursuant to Section 8444 of the California Civil CodeProperty.

Appears in 1 contract

Samples: Disposition, Development and Loan Agreement

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Mechanics Liens, Stop Notices, and Notices of Completion. 8.1 (a) If any claim of lien is filed against the Easement Area (Dealership Development Parcel or Swap Parcel, or any portion thereof), or the Improvements or a stop notice is served on issued affecting any portion of the Housing AuthorityDealership Development Parcel or Swap Parcel, the City or any other lender or other third party in connection with the Easement Permitted WorkDevelopment, then the Developer shall, within thirty twenty (3020) calendar days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the Housing Authority City a surety bond from a surety acceptable to the City in sufficient form and amount, or provide the Housing Authority City with other assurance reasonably satisfactory to the Housing Authority City that the claim of lien or stop notice will be paid or dischargeddischarged ; provided, however, that Developer shall have the right to contest in good faith any such liens or stop notice. 8.2 (b) If the Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section 8or obtain a surety bond, then in addition to any other right or remedy, upon prior notice to Developer, the Housing Authority City may (but shall be under no obligation to) discharge such lien, encumbrance, charge, or claim at the Developer's expense. AlternatelyAlternatively, the Housing Authority City may require the Developer to promptly immediately deposit with the Housing Authority City the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The Housing Authority City may use such deposit to satisfy any claim or lien that is adversely determined against the Developer. 8.3 The (c) Developer shall record file a valid notice of cessation or notice of completion upon cessation of construction of the Easement Permitted Work Development for a continuous period of thirty (30) calendar days or more, more (that is not excused hereunder or otherwise approved by the City) and shall take all other reasonable steps to forestall the assertion of claims of lien against any portion of the Easement Area in connection with the Easement Permitted WorkDealership Development Parcel or Swap Parcel and/or Improvements. The Developer authorizes the Housing AuthorityCity, but without any obligation, to record any notices of completion or cessation of labor, or any other notice that the Housing Authority City deems necessary or desirable to protect its interest in the Easement Area, including the posting Development and recording of a notice of non-responsibility pursuant to Section 8444 any portion of the California Civil CodeDealership Development Parcel or Swap Parcel.

Appears in 1 contract

Samples: Disposition and Development Agreement

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