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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
Creation date
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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FORM OF CERTIFICATION FOR PAYMENT <br /> (Construction—Trace) <br /> ("Construction Manager") <br /> hereby requests payment of the Actual Cost of the work described in Attachment A attached hereto <br /> (the"Draw Actual Costs"). Capitalized undefined terms shall have the meanings ascribed thereto <br /> in the Amended and Restated Trace Public Improvement District Financing Agreement between <br /> Highpointe TRACE,LLC and the City of San Marcos, Texas (the"City"), dated as of September <br /> 2018(as may be amended from time to time, the"Finance Agreement"). In connection with <br /> this Certification for Payment,the undersigned, in his or her capacity as the <br /> of Construction Manager, to his or her knowledge, hereby represents and warrants to the City as <br /> follows: <br /> I. 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 true and correct Draw Actual Costs for which payment is requested is set forth <br /> in Attachment A and payment for such requested amounts and purposes has not been subject to <br /> any previously submitted request for payment. <br /> 3. 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 work on a Segment described <br /> in Attachment A has been paid in full for all work completed through the previous Certification <br /> for Payment. <br /> 4. 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 Draw Actual Costs <br /> of each Segment for which payment is requested. <br /> [Signature Page Follows] <br />
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