2010/12/22 Council Agenda Packet

B. Construction Standards The Project shall be constructed in a good and workmanlike manner, free of deficiencies in work or materials and free and clear of liens, and shall be subject to review by the City. C. Project Schedule The Agency shall construct the Project in the time required by Section VII of Exhibit A (the "Project Schedule"). This obligation shall be absolute and unconditional, unless a change in the schedule has been approved in advance in writing by the City. If, in the reasonable opinion of the City, the Agency fails to meet the Project Schedule, the City shall be entitled to exercise any or all of its remedies for breach pursuant to Section XVI of this Agreement. XIII. ENVIRONMENTAL REVIEW The Agency retains responsibility for fulfilling the requirements of the State Environmental Policy Act (SEPA) and regulations and ordinances adopted thereunder. XIV. REPORTING REQUIREMENTS; ANNUAL REPORTS The Agency agrees to submit to the City such reports as the City reasonably requests. As a minimum, the Agency shall submit to the City on each June 30 during the term of the Agreement, and on the June 30 following the expiration or termination of the Agreement, an annual report covering the preceding twelve-month calendar year (January to December). Performance measures will be incorporated in the annual report form. XV. AUDITS; INSPECTIONS The Agency agrees that it and the Project are subject to audit by the City and to recovery for any audit exception which occurs due to its negligence or failure to comply with the terms of this AHTF Agreement. At any time during the term of this Agreement, the City or its designee may enter and inspect the physical premises of the Agency's office and inspect all accounting and other records pertaining to the Project, the Premises and the Loan. Upon request by the City, the Agency shall notify tenants of the Premises of upcoming inspections of their homes or records in accordance with state law. XVI. BREACH BY THE AGENCY; REMEDIES A. In the event of a material breach of any of the provisions of this AHTF Agreement by the Agency, the City may give written notice thereof to the Agency by registered or certified mail addressed to the Agency at the notice address determined pursuant to Section XXII of this Agreement. If such violation is not corrected to the satisfaction of the City within thirty (30) calendar days after the date such notice is mailed (or if the City of Everett AHTF Agreement Washington Home of Your Own 15 Page 10 of 15