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RecDoc 2016-038479 1305 El Camino Real
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RecDoc 2016-038479 1305 El Camino Real
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Last modified
10/12/2016 10:49:14 AM
Creation date
5/31/2016 3:35:04 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agreement 1305 El Camino Real
Doc Num
2016-038479
Rec Date
4/26/2016
Address
1305 El Camino Real
Parties
RWC ECR Venture, LLC
MO Ref
16-041
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19. Workers' Com�s�ti�n Ittsur�nce. Developer shall provide, or c�use to be providcd, <br /> Workers' Compensation insuraace as rcquired by law, and sh�ll causo its contractars and their <br /> subcontractors,agents and representatives to also maint�in Worktr�'Compensation insutsnce as required <br /> by law. No Work shall commence until such Workers' Compen5ation insuraace is obtained and in full <br /> force and effect. <br /> 20. Compliance with Laws. Developer sha11 comply with all feden�l, state and local laws, <br /> ordinances and regulations in the perfoms�nee of this Agreemeat. Developer shall,at its own cost and <br /> expense, obtain a11 nec�ssary pornuts and licenses far the Work, give all necessary notices, pay �11 fees <br /> and taxes required by law and m�ke any and all deposits ltgally rcquirod by those public utilities that will <br /> serve the residential �velopment an the Property. Copies and/or proof of paymeat of said permits, <br /> licenses,notices,fee and fiauc payments and deposits shall be furnished to the City Engine�r upon request. <br /> 21. Fa�cro�chmsnt Peramits. Developer shall obtain, at its sole cost and expcnse, any <br /> encroachment pennits required by City in order to perform the Work. <br /> 22. Payment�. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connectian with the Work Doveloper further agcrees that pursuant to Goverameat Code <br /> seetion 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 s�id liens <br /> �,rc releasrd by bond in compliance with Civil Code section 8424. <br /> 23. Notice of Breach and Default, The occunence of any of the following constitutes a <br /> breach and default of this Agreement: <br /> Q) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work, <br /> �) Dtveiopor assigns the Agreement without the prior written consent of City. <br /> p) Developer is adjudged bankrupt or makes a genoral as�ignment for thc benefit of <br /> creditors,or a receiver is appoiated in the event of Dcveloper's insolvency. <br /> (4) Developer or Developer's contractors, subcontractors, agents or employees, fail <br /> to comply with any tern�s or conditions of this Agreement. <br /> t5) Any delay in the construction of any portion of the Work or rcpairs,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 fina�ial institution holding <br /> the securities. <br /> 24. �g�rtunitv to Cuxe. If City givos Developer notice under Secrion 23 of breaeh and <br /> �fault of this Agoeement, D�weloper sh�ll have 30 days within wb.ich 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, thon Il�veloper shall have 24 hours to cornct,remedy or cure the default. If Developer does not <br /> cure the default within the applicable timeftame, City m�y pursue the remedies set forth in Section 26 <br /> below. <br /> 25. Rtmedies. <br /> R�V:01-31-16 VR <br /> Page 9 of19 <br /> ATTY/AGR.2016.A09/RWC ECR Venture, LLC-IA <br />
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