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<br />SUBDIVISION IMPROVEMENT AGREEMENT - TEMPLATE <br />CITY ATTORNEY APPROVED VERSION REV: 04-26-2021 SK <br /> <br />Page 11 of 23 <br />(d) Providing that Developer’s insurance will be primary <br />insurance relating to Contractor’s work hereunder with respect to <br />City, its Council, commissions, boards, committees, officers, <br />employees and Agents, and further providing that any insurance or <br />self-insurance maintained by City for itself, its Council, commissions, <br />boards, committees, officers, employees and agents will not be <br />excess of Contractor's insurance and will not be contributory with it. <br />Such insurance will also specifically insure any contractual liability <br />assumed by Developer under the terms of this Agreement, including, <br />but not limited to, the provisions of subsection (a) above. <br />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 />7.H. - Page 15 of 27 <br />126