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Agenda - 12-20-94 - Contract
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Agenda - 12-20-94 - Contract
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11/9/2016 3:09:24 PM
Creation date
11/9/2016 9:07:28 AM
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
Document Type
Contract
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at the Lender' s election, by the issuance of one or more checks <br /> payable to the County or the Board of Education, the general <br /> contractor, any subcontractors or materialmen, or any one or more <br /> of them. As a condition to its obligation to make each <br /> disbursement of Financing Proceeds, the Lender may require <br /> satisfactory evidence of the payment of all debts owing <br /> contractors, engineers, architects and materialmen for labor done <br /> or professional design or surveying services, or material furnished <br /> pursuant to any contract with respect to the Improvements. <br /> 4 .2 Use of Financing Proceeds. The Financing Proceeds are to <br /> be used only for the direct and indirect costs of the Improvements, <br /> which shall be constructed pursuant to a construction contract <br /> submitted to the Lender. The County shall furnish copies of any <br /> changes in the said construction contract or the plans and <br /> specifications for the Improvements to the Lender. <br /> 4 . 3 Requests for Disbursements . Each request for disburse- <br /> ments for work performed under the construction contract shall be <br /> accompanied by (a) a written request by the County or the Board of <br /> Education stating the amount of the request and (b) a certificate <br /> by the County' s or the Board of Education' s architect or engineer <br /> as to the costs incurred, with copies of invoices to be paid by the <br /> County or the Board of Education with the proceeds of such <br /> disbursement. <br /> 4 .4 Construction of Improvements. The County will cause the <br /> Improvements to be constructed in a timely manner in accordance <br /> with the terms of the construction contract, the Plans and <br /> Specifications, and all building and zoning codes in effect with <br /> respect to the Improvements . The County will keep, or will cause <br /> to be kept, the Property free from all liens for services, labor <br /> and materials until the Loan has been paid in full . The County <br /> will also cause the general contractor to comply, to the fullest <br /> extent possible with respect to the construction contract, with the <br /> notice provisions of N.C.G.S. § 44A-23 . The Lender shall have the <br /> rights, during construction, to inspect the Property and the <br /> Improvements. <br /> SECTION 5 . RESPONSIBILITIES OF THE COUNTY <br /> 5 . 1 Care and Use. The County shall cause the Improvements to <br /> be constructed in accordance with the Plans and Specifications and <br /> thereafter use the Property in compliance with all applicable laws <br /> and regulations, and, at its sole cost and expense, service, repair <br /> and maintain the Property so as to keep the Property in good <br /> condition, repair, appearance and working order for the purposes <br /> intended, ordinary wear and tear excepted, and shall replace any <br /> part of the Property as may from time to time become worn out, <br /> lost, stolen, destroyed or damaged or unfit for use; provided, <br /> however, that nothing contained in this section shall require the <br /> 5 <br />
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