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RecDoc 2016-066631 IA 601 Marshall St IA
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RecDoc 2016-066631 IA 601 Marshall St IA
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Last modified
8/9/2016 1:18:18 PM
Creation date
7/6/2016 10:15:02 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
IA 601 Marshall St
Doc Num
2016-066631
Rec Date
7/8/2016
APN
052-347-030; 052-347-040; 052-347-130; 052-347-140
Address
601 Marshall St.
Parties
601 Marshall St., Owner LLC
MO Ref
16-120
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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. Com�liance with Laws. Developer shall comply with all federal, state and local laws, <br /> ordinances and regularions 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 and <br /> taxes required by law and make any and all deposits legally required by those public utilities that will serve <br /> the residential development on the Property. Copies and/or proof of payment of said pernuts, licenses, <br /> 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. Pavrnents. Developer agees 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 he released if any mechanics liens or stop notices are outstanding,unless said liens are <br /> 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 /> (1) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work. <br /> a) 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, or if such cure cannot reasonably be accomplished within 3U days, Developer must initiate and <br /> diligently prosecute such cure. If the written notification states that the problem is urgent and relates to the <br /> public health and safety, then Developer shall have 24 hours to correct, remedy or cure the default. If <br /> Developer does not cure the default within the applicable timeframe, or if such cure cannot reasonably be <br /> accomplished within such cure period and the Developer has not commenced such cure during such period <br /> and diligently prosecuting such cure thereafter, City may pursue the remedies set forth in Section 25 <br /> below. <br /> REV:06-21-16 VR <br /> Page 9 of 19 <br /> ATTY/AGR.2016.126/601 Marshall Street Owner, LLC- IA 2016-06-09 <br />
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