Agmt22 IQHQ Elco Yards, LP - Laserfiche WebLink

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REV: 07-19-22 JB 4.4 IQHQ will forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under IQHQ. 5. RELOCATION UPON NOTICE FROM CITY. IQHQ acknowledges and understands that the City may require the use of the Parklet Site for a different purpose in the future. The City may issue a written notice to IQHQ (“Notice”), at which time IQHQ may no longer use the Parklet Site as a temporary relocation for the Dog Park and IQHQ will return the Parklet Site to its pre- condition state within ninety (90) days of receiving the Notice. If such Notice is issued, IQHQ agrees to relocate the temporary dog park to an alternative location which may include options previously considered, such as the Lathrop Community Garden if within the City’s control, or other locations not previously considered. In the event a feasible alternative location is not identified within sixty (60) days of receipt of the Notice, the City may require implementation of reasonable mitigation measures including, without limitation, pop-up dog parks for shorter durations or improvements to existing parks. IQHQ will work in good faith to implement reasonable mitigation measures. IQHQ’s failure to use reasonable good faith efforts to implement reasonable mitigation measures or find alternative locations may result in the City’s revocation of IQHQ’s right to maintain the Partial Closure of the Dog Park under this Agreement. 6. NOTICES. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of IQHQ under this Agreement. For City: City of Redwood City Attention: City Manager 1017 Middlefield Road Redwood City, CA 94063 (650) 780-7000 For IQHQ: Justine Nielsen Senior Vice President, Development 674 Via De La Valle, Suite 206, Solana Beach, CA 92075 T 858-290-0921 | M 619-300-7076 jnielsen@iqhqreit.com Except as otherwise stated, all notices provided under this Agreement must be in writing and delivered by regular and certified mail. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 7. MAINTENANCE FEE. To offset the maintenance needs associated with the Partial Closure and relocation of the Dog Park to the Parklet Site, IQHQ will provide a monthly maintenance and service contribution in the amount of Eight Thousand Dollars ($8,000) per month to the Parks and Recreation Department (“Additional Maintenance and Services Contribution”). The first payment shall be due immediately upon execution of the Agreement, thereafter the City will send IQHQ an invoice on the last day of each month for the following month’s bill. Payments ATTY/AGR.2022.180/IQHQ (Elco Yards Temporary Dog Park) (Page 3 of 13)