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RecDoc 2023-007349 Subdivision agreement
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RecDoc 2023-007349 Subdivision agreement
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Last modified
3/29/2023 10:58:01 AM
Creation date
3/29/2023 10:57:07 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Doc Num
2023-0073149
Rec Date
2/17/2023
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16.8 In the event that Developer's insurance is cancelled, Developer will <br />provide replacement coverage or all work must cease as of the cancellation date <br />until replacement insurance coverage is provided. <br />17. 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 />18. 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 12.1 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 />19. Notice of Breach and Default. The occurrence of any of the following <br />constitutes a breach and default of this Agreement: <br />19.1 Developer refuses or fails to complete the Work within the time set <br />forth herein or abandons the Work. <br />19.2 Developer assigns the Agreement without the prior written consent <br />of City. <br />19.3 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 />19.4 Developer or Developer's contractors, subcontractors, agents or <br />employees, fail to comply with any terms or conditions of this Agreement. <br />19.5 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 />20. DpQortuni y to Cure. If City gives Developer notice under Section 19 <br />(Notice of Breach and Default) of breach and default of this Agreement, Developer will <br />have thirty (30) days within which to correct, remedy or cure the default. If the written <br />notification states that the problem is urgent and relates to the public health and safety, <br />then Developer will have twenty four (24) hours to correct, remedy or cure the default. If <br />Developer does not cure the default within the applicable timeframe, City may pursue the <br />remedies set forth in Section 21 (Remedies) below. <br />REV: 11-21-2022 5K <br />ATTY/AGR.2022.401/955 Woodside Rd., LLC (Page 11 of 23) <br />
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