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RecDoc 2017-022478 IA_1629 Main Street_WL Butler Office Building_3.15.2017
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RecDoc 2017-022478 IA_1629 Main Street_WL Butler Office Building_3.15.2017
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Last modified
4/4/2017 1:05:47 PM
Creation date
3/15/2017 3:55:05 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agreement
Doc Num
2017-022478
Rec Date
3/15/2017
Address
1629 Main St
Parties
Butler Realty III LLC
MO Ref
17-028
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(a) Precluding cancellation or reduction in coverage before the <br />expiration of thirty (30) days after City shall have received written notification of <br />cancellation or reduction in coverage by first class mail, postage prepaid; <br />(b) Providing that Butler's insurance shall apply separately to each <br />insured against whom claim is made or suit is brought, except with respect to the <br />limits of the insurer's liability (cross liability endorsements); <br />(c) Naming City, its Council, commissions, boards, committees, <br />officers, employees and agents as additional insureds; and <br />(d) Providing that Butler's insurance shall be primary insurance <br />relating to Butler's work hereunder with respect to City, its Council, <br />cormnissions, boards, committees, officers, employees and Agents, and further <br />providing that any insurance or self-insurance maintained by City for itself, its <br />Council, commissions, boards, committees, officers, employees and agents shall <br />not be excess of Contractor's insurance and shall not be contributory with it. <br />Such insurance shall also specifically insure any contractual liability assumed by <br />Butler under the terms of this Agreement, including, but not limited to, the <br />provisions of subsection (a) above. <br />18.4 In the event that Butler's insurance is cancelled, Butler shall provide replacement <br />coverage or all work must cease as of the cancellation date until replacement insurance coverage <br />is provided. <br />19. Workers' Compensation Insurance. Butler 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. Comnliance with Laws. Butler shall comply with all federal, state and local laws, <br />ordinances and regulations in the performance of this Agreement. Butler 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 development on the Property. Copies and/or proof of payment of said permits, licenses, notices, <br />fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br />21. Encroachment Permits. Butler shall obtain, at its sole cost and expense, any <br />encroachment permits required by City in order to perform the Work. <br />22. Payments. Butler agrees that it will pay, when due, all those furnishing labor or materials <br />in connection with the Work. Butler further agrees that pursuant to Government Code section 66499.7, <br />the Payment Security provided by Butler 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 />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT <br />REV: 02-06-17 PR <br />Page 9 of 27 <br />
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