east liberty station: realizing the potential - City of Pittsburgh

developer shall timely honor all requests for payment for construction and other services, all
commitments under purchase contracts, which have been approved by the private developer and
others whose approval may be required.
(h) Copies to elTRIDRA. On a monthly basis, private developer shall send to
elTRIDRA copies of all payment requests for work on the insert name Public Improvements and
copies of payment records made in response to such requests. Such information shall be made
available to elTRIDRA within thirty (30) days of such receipt and disbursement.
(i) Payments to Contractors. Private developer shall be solely responsible for
payments to contractors for all construction. private developer shall require each contractor with
whom it contracts to perform any construction work to file with the Prothonotary of the Court of
Common Pleas of Allegheny County a waiver of the right to file a mechanic’s lien, which waiver
shall be effective against claims by the contractor and all of its subcontractors, materialmen and
workmen, arising out of any work done by them.
(j) Bonding and Insurance Requirements. Prior to the commencement of any
construction, private developer shall ensure that all contractors provide for a completion and for
payment and performance bonds guaranteeing completion of the insert name Project and naming
elTRIDRA as an additional insured and a certificate of insurance certifying that the private
developer and/or its contractors and subcontractors have the insurance coverage and limits
required under Exhibit D naming the private developer, elTRIDRA and the Trustee as additional
insured and containing a notice of cancellation clause providing for thirty (30) days prior notice
of cancellation.
(k) Surplus Fund Payments. elTRIDRA, upon the written request of the
private developer shall requisition funds from the Surplus Fund for the purposes, in accordance
with and subject to the provisions of the Indenture.
7. Reports and Records.
(a) Private developer shall maintain books, records, documents,
correspondence, and other data generated pursuant to this Development Agreement, along with
any other evidence pertaining to the costs and expenses of this Project (the “Records”), to the
extent and in such detail as shall properly reflect all costs, direct and operating, of labor,
materials, equipment, supplies and services and other costs and expenses of whatever nature for
which funding has been provided under this Development Agreement. The Records shall be
maintained in accordance with generally accepted accounting principles. Private developer
agrees to require the construction manager, contractors, subcontractors, their respective assigns
or agents to comply with the records retention requirements of this Development Agreement.
(b) Private developer shall retain the Records and make them available for
inspection by elTRIDRA for a period ending the later of:
(i)
developer as complete, or
Five years after the insert name Project is certified by private
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