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development standards, the City's Municipal Code, and all applicable disabled and handicapped
<br />access requirements, including without limitation, the Americans with Disabilities Act, 42 U.S.C.
<br />Section 12101, et seq., Government Code Section 4450, et seg., Government Code Section 11135,
<br />et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq..
<br />12. Payment and Performance Bonds. Prior to commencement of the Work, Developer shall
<br />cause its contractor to deliver to the City copies of payment bond(s) and performance bond(s)
<br />issued by a reputable insurance company licensed to do business in California, each in a penal sum
<br />of not less than one hundred percent (100%) of the scheduled cost of the Work and in form
<br />approved by City. The bonds shall name the City as co -obligee.
<br />13. Insurance. Prior to commencement of the Work, Developer shall provide to City proof that
<br />Developer and its contractors have policies of commercial general liability, workers compensation,
<br />employer's liability, and automobile insurance in effect consistent with all of the requirements set
<br />forth in Section 10.2 of the DDA. Developer and its contractors shall maintain all such insurance
<br />in effect at their cost and expense, and shall comply with all requirements applicable thereto set
<br />forth in Section 10.2 of the DDA.
<br />14. Permits: Prevailine Waee
<br />Prior to commencement of the Work, Developer shall obtain all permits required in
<br />connection with the Work at Developer's sole cost and expense.
<br />Developer shall pay, and shall cause its contractors, subcontractors and agents
<br />subcontractors to pay, prevailing wages in the performance of the Work as those wages are
<br />determined pursuant to California Labor Code Section 1720 et seq. and the regulations adopted
<br />pursuant thereto (collectively "Prevailing Wage Laws"), and shall comply, and cause its
<br />contractors, subcontractors and agents subcontractors to comply, with all other applicable
<br />provisions of the Prevailing Wage Laws in the performance of the Work, including without
<br />limitation, all applicable reporting and recordkeeping requirements.
<br />15. Mechanics Liens.
<br />(a) Developer will not permit any mechanics liens, stop notices, or other liens or
<br />encumbrances to be placed against the Fee Parcel A-1 or the Creekside Parcel (collectively, the
<br />"Property"). If any claim of lien is filed against the Property, or any stop notice is filed in
<br />connection with the Property, then Developer shall, within twenty (20) days after such filing or
<br />service: (i) pay and fully discharge the lien or stop notice, (ii) effect the release of such lien or
<br />stop notice by delivering to the City a surety bond from a surety acceptable to the City and in form
<br />and amount satisfactory to City, or (iii) provide the City with other assurance satisfactory to the
<br />City that the claim of lien or stop notice will be paid or discharged.
<br />(b) If the Developer fails to discharge any lien, encumbrance, charge, or claim in the
<br />manner required in this Section or obtain a surety bond, then in addition to any other right or
<br />remedy, the City may (but shall be under no obligation to) discharge such lien, encumbrance,
<br />charge, or claim at the Developer's expense. Alternatively, the City may require the Developer to
<br />ATN/AGR/2019.062/MP BRADFORD ASSOCIATES, L.P., - CREEKSIDE TRAIL IMPROVEMENT AGREEMENT
<br />REV: 03-20-19 PR
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