Agmt22 IQHQ Elco Yards, LP - Laserfiche WebLink

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REV: 07-19-22 JB the Dog Park, provides a reduced size of the Dog Park with barriers and protections during construction, and includes a plan to restore the Dog Park as contemplated in COA 94 (“Proposed Logistics Plan”) attached as Exhibit B. I. The Parties agree that the purpose and intent of this Agreement is to allow IQHQ to temporarily close a portion of the Dog Park to commence construction for the Project in exchange for IQHQ’s agreement to temporarily relocate the Dog Park to the Parklet Site and to pay for the costs associated with the relocation and maintenance as further described in the Agreement. NOW, THEREFORE, the parties agree as follows: 1. PARTIAL CLOSURE OF MAIN STREET DOG AGILITY PARK: The City will allow IQHQ to close approximately half of the Dog Park upon execution of the Agreement, in accordance with the Proposed Logistics Plan attached as Exhibit B, to enable IQHQ to commence construction for the Project, and such portion will remain closed until commencement of construction of the Dog Park Expansion Community Benefit identified in the Project’s Condition of Approval 7(e), currently anticipated in June of 2024 (“Partial Closure”) at which time, the closure of the entire Dog Park will be required (“Entire Closure”). 2. SPRING/MARSHALL PARKLET: The City agrees to allow IQHQ to temporarily relocate the Dog Park to the Parklet Site as shown in Exhibit A to offset the Partial Closure, as further detailed in Section 5. IQHQ shall complete installation of the temporary improvements shown on Exhibit C at IQHQ’s cost (“Improvements”) at the Parklet Site. The City shall continue to operate and maintain both the area of the Dog Park that remains open during the Partial Closure and the Parklet Site, with support from the contribution of the Maintenance Fee as described in Section 7 below. 3. TERM. Unless terminated earlier, the term of this Agreement will begin on the Effective Date and will end when City approves and accepts the Dog Park Expansion Community Benefit. 4. LABOR CODE PREVAILING WAGE. To the extent required by law, IQHQ will comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation and prevailing wages. When prevailing wage rules are applicable, the following provisions apply: 4.1 No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to complete installation of the Improvements under this Agreement will be paid to all workers, laborers and mechanics employed to install the Improvements by IQHQ or any subcontractor doing or contracting to do any part of the installation. 4.2 The appropriate determination of the Director of the California Department of Industrial Relations will be filed with and available for inspection at City offices. 4.3 IQHQ will post, at each job site, a copy of the prevailing rate of per diem wages. ATTY/AGR.2022.180/IQHQ (Elco Yards Temporary Dog Park) (Page 2 of 13)