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Agenda - Council - 09/26/2017
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Agenda - Council - 09/26/2017
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/26/2017
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Mortgagee shall exceed Two Hundred Thousand and No/100 Dollars <br />($200,000.00); and <br />(c) if the work is structural, or if the cost of the work as estimated by the Mortgagee <br />shall exceed Two Hundred Thousand and No/100 Dollars ($200,000.00), plans <br />and specifications for such work will be prepared by a licensed architect <br />reasonably satisfactory to Mortgagee which plans and specifications will be <br />subject to approval by Mortgagee, and which approval as to architect, plans and <br />specifications will not be withheld unreasonably; and <br />(d) Mortgagor submits the following items to Mortgagee for its approval, which <br />approval will not be withheld, conditioned or delayed unreasonably: (1) evidence <br />of sufficient contractor's commercial general liability insurance, builder's risk <br />insurance and workmen's compensation insurance, insuring Mortgagor and <br />Mortgagee, as their interests may appear, all issued by insurance companies <br />legally authorized to do business in the State of Minnesota; (2) if the cost of the <br />work as estimated by the Mortgagee shall exceed Two Hundred Thousand and <br />No/100 Dollars ($200,000.00), performance and payment bond(s) issued by an <br />insurance company legally authorized to do business in the State of Minnesota, <br />reasonably satisfactory to Mortgagee and naming Mortgagee, and Mortgagor as <br />co -obligees thereon; (3) a project cost certificate itemizing the cost of the work; <br />(4) if the cost of the work as estimated by the Mortgagee shall exceed Two <br />Hundred Thousand and No/100 Dollars ($200,000.00), a guaranteed -maximum - <br />cost construction contract for performance of the work, executed by an acceptable <br />contractor; (5) if the cost of the work as estimated by the Mortgagee shall exceed <br />Two Hundred Thousand and No/100 Dollars ($200,000.00), a guaranteed - <br />maximum -cost architectural contract; and (6) if applicable, assignments of (4) and <br />(5) above in favor of Mortgagee, and signed by the contractor and architect <br />approved by the Mortgagee; and <br />(e) If the cost of the work as estimated by the Mortgagee shall exceed Two Hundred <br />Thousand and No/100 Dollars ($200,000.00), Mortgagor, Mortgagee and the title <br />insurance company shall have entered into an agreement in form and substance <br />reasonably acceptable to Mortgagee whereby all payments to be made by such <br />title insurance company will be based upon lien waivers and completion <br />certificates reasonably satisfactory to such title insurance company to insure that <br />sufficient funds will be available to complete the restoration of the property, and <br />to insure that Mortgagee will continue to have full title insurance including, <br />without limitation, mechanic's lien insurance, during and after the construction <br />period. <br />In the event that all of the foregoing conditions are met within 90 days after said availability of <br />proceeds, the Mortgagee shall make its share of the insurance or condemnation proceeds (not in <br />excess of the amount required for repair, restoration and replacement of the property) available <br />to, as applicable, Mortgagor or the title insurance company set forth in paragraph (b) above. <br />Said funds shall first be applied toward repair and restoration of the portion of the Mortgaged <br />Property not taken by any condemnation, and may then be used for the purchase of additional <br />US.113578590.01 <br />B-2-12 <br />
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