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RecDoc 2018-075527 IA 601 ECR
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RecDoc 2018-075527 IA 601 ECR
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Last modified
1/7/2019 9:38:18 AM
Creation date
10/3/2018 5:07:43 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Rec Date
9/27/2018
Address
601 El Camino Real
Parties
KB South Bay, Inc.
MO Ref
18-141
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18A 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 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 famished 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 famishing 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 />(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. Oonorhmity 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: 06-20-18 PR <br />Page 9 of Is <br />ATTY/AGR.2018.136/601 EI Camino Subdivision Improvement Agreement <br />
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