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RecDoc 2020-058559 CONF
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RecDoc 2020-058559 CONF
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Last modified
2/5/2021 11:54:06 AM
Creation date
2/5/2021 11:36:08 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agreement 353 Main St Apts
Doc Num
2020-058559
Rec Date
6/23/2020
Address
353 Main St
Parties
353 Main St Apartments LP
MO Ref
20-082
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19. Compliance with Laws. Developer will comply with all federal, state and <br />local laws, ordinances and regulations in the performance of this Agreement. Developer <br />will, at its own cost and expense, obtain all necessary permits and licenses for the Work, <br />give all necessary notices, pay all fees and taxes required by law and make any and all <br />deposits legally required by those public utilities that will serve the residential <br />development on the Property. Copies and/or proof of payment of said permits, licenses, <br />notices, fee and tax payments and deposits will be furnished to the City Engineer upon <br />request. <br />20. Encroachment Permits. Developer will obtain, at its sole cost and expense, <br />any encroachment permits required by City in order to perform the Work. <br />21. Payments. Developer agrees that it will pay, when due, all those furnishing <br />labor or materials in connection with the Work. Developer further agrees that pursuant to <br />Government Code section 66499.7, the payment security provided by Developer in <br />accordance with Subsection 13.1 of this Agreement will not be released if any mechanics <br />liens or stop notices are outstanding, unless said liens are released by bond in compliance <br />with Civil Code section 8424. <br />22. Notice of Breach and Default. The occurrence of any of the following <br />constitutes a breach and default of this Agreement: <br />22.1 Developer refuses or fails to complete the Work within the time set <br />forth herein or abandons the Work. <br />22.2 Developer assigns the Agreement without the prior written consent <br />of City <br />22.3 Developer is adjudged bankrupt or makes a general assignment for <br />the benefit of creditors, or a receiver is appointed in the event of Developer's <br />insolvency. <br />22.4 Developer or Developer's contractors, subcontractors, agents or <br />employees, fail to comply with any terms or conditions of this Agreement. <br />22.5 Any delay in the construction of any portion of the Work or repairs, <br />which in the reasonable opinion of the City Engineer, endangers public or private <br />property. <br />City may serve written notice of breach and default upon Developer and the financial <br />institution holding the securities. <br />23. Opportunity to Cure. If City gives Developer notice under Section 22 of <br />breach and default of this Agreement, Developer will have thirty (30) days within which to <br />correct, remedy or cure the default. If the written notification states that the problem is <br />urgent and relates to the public health and safety, then Developer will have twenty four <br />(24) hours to correct, remedy or cure the default. If Developer does not cure the default <br />REV: 12-16-19 PR <br />ATTY/AGR.2019.315/Woodside Professional Center, LLC (Page 11 of 22) <br />
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