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Agmt10 R.C. Peninsula Park, LLC (2)
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Agmt10 R.C. Peninsula Park, LLC (2)
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Last modified
3/29/2011 1:43:55 PM
Creation date
12/16/2010 2:59:52 PM
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Agreement
Contractor Name
R.C. Peninsula Park, LLC
PROJECT NAME
Acquisition and Reimbursement Agreement Community Facilities District No. 2010-1 (One Marina)
RMP File Number
304
Date
12/16/2010
Reso Ref
15071 and 15104
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B. Prevailing Wages. The Developer covenants that, with respect to any <br /> contracts or subcontracts for the construction of the Facilities to be acquired from the <br /> Developer hereunder, it will require the contractor or subcontractor to assure complete <br /> compliance with any applicable law or regulation for the payment of prevailing wages. <br /> C. Compliance with Laws. The Developer shall not with knowledge commit, <br /> suffer or permit any act to be done in, upon or to the lands of the Developer in the CFD or <br /> the Facilities in violation of any law, ordinance, rule, regulation or order of any <br /> governmental authority or any covenant, condition or restriction now or hereafter <br /> affecting the lands in the CFD or the Facilities. <br /> D. Land Owners. The Developer agrees that in the event that it sells any land <br /> owned by it within the boundaries of the CFD after the date hereof (other than to an <br /> individual prospective homeowner), the Developer will (i) notify the City within 30 days <br /> of the sale, in writing, identifying the legal name of and mailing address for the purchaser, <br /> the applicable County Assessor's parcel number or numbers for the land sold and the <br /> acreage of the land sold, (ii) notify the purchaser in writing prior to the closing of any <br /> such sale of the existence of this Acquisition Agreement and, in general, the Developer's <br /> rights and obligations hereunder with respect to the construction of and payment for the <br /> Facilities, and (iii) notify the purchaser (including for purposes of this clause (iii) any <br /> prospective homeowner buying property from the Developer) in writing of the existence <br /> of the CFD and the special tax lien in connection therewith, and otherwise comply with <br /> any applicable provision of Section 53341.5 of the Act. <br /> E. Additional Information. The Developer agrees to cooperate with all <br /> reasonable written requests for nonproprietary information by the original purchasers of <br /> the Bonds or the City related to the status of construction of improvements within the <br /> CFD, the anticipated completion dates for future improvements, and any other matter <br /> material to the investment quality of the Bonds. <br /> F. Continuing Disclosure. The Developer agrees to comply with all of its <br /> obligations under any continuing disclosure agreement executed by it in connection with <br /> the offering and sale of any of the Bonds. <br /> G. Ownership By Affiliates. The Developer agrees to provide to the City's <br /> Finance Director on the date of issuance of the Bonds, on (or within five (5) business <br /> days of) July 1 of each year so long as the Bonds are outstanding, and on any other date <br /> upon ten (10) business days notice from the City's Finance Director, a written list of all <br /> Affiliates of the Developer which own or control the ownership of land located within the <br /> CFD, or which have options on land within the CFD, indicating the parcels of land by <br /> County Assessor's Parcel number of all such land so owned or optioned. <br /> H. Compliance With Applicable Law. The Developer accepts responsibility for <br /> and shall be responsible for identification of and compliance with all applicable laws <br /> pertaining to the construction and installation of the Facilities and the contract or <br /> contracts pertaining thereto, including but not limited to such applicable laws as may be <br /> -24- <br />
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