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RecDoc 2014-111829 Improvement Agmt Palacio Apts
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RecDoc 2014-111829 Improvement Agmt Palacio Apts
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Last modified
12/18/2014 2:48:13 PM
Creation date
12/8/2014 12:16:52 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Palacio Apts
Doc Num
2014-111829 CONF
Rec Date
12/4/2014
Address
601 Brewster
Parties
Fuller Street Partners
MO Ref
14-158
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18.4 in the event that Developer's insurance is cancelled, Developer shall provide <br /> replacement coverage or all work must cease as of the cancellation date until replacement <br /> insurance coverage is provided. <br /> 19. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, <br /> Workers' Compensation insurance as required by law, and shall cause its contractors and their <br /> subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required <br /> by law. No Work shall commence until such Workers' Compensation insurance is obtained and in MI <br /> force and effect. <br /> 20. Compliance with Laws. Developer shall comply with all federal, state and local laws, <br /> ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and <br /> expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees <br /> and taxes required by law and make any and all deposits legally required by those public utilities that will <br /> serve the residential development on the Property. Copies and/or proof of payment of said permits, <br /> licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br /> 21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any <br /> encroachment permits required by City in order to perform the Work. <br /> 22. Payments. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connection with the Work, subject to Developer's right to protest and bond around any claim <br /> or mechanic's lien. Developer further agrees that pursuant to Government Code section 66499.7, the <br /> Payment Security provided by Developer in accordance with Section 13. 1 of this Agreement shall not be <br /> released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in <br /> compliance with Civil Code section 8424. <br /> 23. Notice of Breach and Default. The occurrence of any of the following constitutes a <br /> breach and default of this Agreement: <br /> (1) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work. <br /> (2) Developer assigns the Agreement without the prior written consent of City. <br /> (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of <br /> creditors, or a receiver is appointed in the event of Developer's insolvency. <br /> (4) Developer or Developer's contractors, subcontractors, agents or employees, fail <br /> to comply with any terms or conditions of this Agreement. <br /> (5) Any delay in the construction of any portion of the Work or repairs, which in the <br /> reasonable opinion of the City Engineer, endangers public or private property. <br /> City may serve written notice of breach and default upon Developer and the financial institution holding <br /> the securities. <br /> 24. Opportunity to Cure. If City gives Developer notice under Section 23 of breach and <br /> default of this Agreement, Developer shall have 30 days within which to correct, remedy or cure the <br /> default. if the written notification states that the problem is urgent and relates to the public health and <br /> safety, then Developer shall have 24 hours to correct, remedy or cure the default. If Developer does not <br /> REV: 09-19-14 VR <br /> Page 9 of 19 <br /> ATTY/AGR.2014. 187/Fuller Street Partners - 601 Brewster <br />
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