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HomeMy WebLinkAboutNB01-City Attorney o 0 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Mayor W. R. Holcomb FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: April 20, 1992 RE: $250,000 loan to Dukes and Dukes At the Commission meeting of April 6, 1992, the Commission approved a loan of $250,000 to Dukes and Dukes on the Arrowvista project with the documents to be prepared. The vehicle to accomplish this, as understood at the meeting, was an amendment to the Joint Development Agreement. In preparing the necessary Amendment staff required the developer to provide ti tle reports to be assure that the surety was sufficient to support the loan. I understand that they will be provided soon. When it is received you have the authority to execute the amendment and the security documents and thereafter the loan may be funded. ~j ENNIS A. OW - I'J_ '?/> _ c_ a/.'" ~ o 0 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Mayor W.R. Holcomb FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: April 20, 1992 RE: Dukes and Dukes Retention As one of the phases of the Dukes and Dukes housing project (Arrowvista) the Agency has retained 10% of the payouts pursuant to the Agreement and state law to be sure that the laborers, suppliers and subcontractors on this phase of the project are paid. State law requires that these funds be retained for 30 days following the recording of a Notice of Completion. The Notice was recorded on April 16, 1992. This retention amount is approximately $185,000. The developer has proposed that we release this retention as follows: $121,000 to the vendors and subcontractors $63,000 to the developer He has then proposed to provide the Agency with an indemnification letter to protect the Agency should any unknown subcontractors file stop notices within the 30 day period. The Agency would also be protected by the funds to be paid from the remaining phases of this project. Based on the foregoing it would be my opinion that the retained funds can be released upon receipt of the indemnification letter. ~/ DE NIS A. RLOW DAB:js[Dukes.Mem] // AJ,"" J