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AgdaPkt 2015-01-26 Special and Joint SA
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AgdaPkt 2015-01-26 Special and Joint SA
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Last modified
2/9/2015 3:05:39 PM
Creation date
1/22/2015 12:16:38 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/26/2015
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7.1 .B. - Page 15 <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 full <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. Developer further agrees that pursuant to Government Code <br /> section 66499.7, the Payment Security provided by Developer in accordance with Section 13.1 of this <br /> Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens <br /> are released by bond in 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 /> a) 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 /> cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 26 <br /> below. <br /> REV:11-06-14 VR <br /> Page 9 of 18 <br /> ATTY/AGR.2014.244/Rossi Lane Improvement Agreement <br />
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