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Res 2018-173/amending and restating the Trace Public Improvement District Acquisition and Reimbursement Agreement
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Res 2018-173/amending and restating the Trace Public Improvement District Acquisition and Reimbursement Agreement
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11/26/2018 10:11:26 AM
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10/4/2018 11:35:34 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2018-173
Date
9/18/2018
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Schedule 1 <br /> Form of Payment Request <br /> (Design—Trace) <br /> ("Construction Manager") <br /> hereby requests payment for the percentage of design costs completed (the "Design Costs") <br /> described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings <br /> ascribed thereto in the Amended and Restated Trace Public Improvement District Financing <br /> Agreement between Highpointe TRACE,LLC,a California limited liability company,and the City <br /> of San Marcos (the "City"), dated as of September , 2018 (as may be amended from time to <br /> time, the "Finance Agreement"). In connection with this Certification for Payment, the <br /> undersigned, in his or her capacity as the of Construction Manager, to his or her <br /> knowledge,hereby represents and warrants to the City as follows: <br /> 1. He (she) is a duly authorized representative of Construction Manager, qualified to <br /> execute this request for payment on behalf of the Construction Manager and knowledgeable as to <br /> the matters forth herein. <br /> 2. The design work described in Attachment A has been completed in the percentages <br /> stated therein. <br /> 3. The true and correct Design Costs for which payment is requested is set forth in <br /> Attachment A and payment for such requested amounts and purposes has not been subject to any <br /> previously submitted request for payment. <br /> 4. Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit <br /> evidencing that any contractor or subcontractor having performed design work described in <br /> Attachment A has been paid in full for all work completed through the previous Certification for <br /> Payment. <br /> 5. Attached hereto as Attachment C are invoices, receipts, worksheets and other <br /> evidence of costs which are in sufficient detail to allow the City to verify the Design Costs for <br /> which payment is requested. <br /> [Signature Page Follows] <br />
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