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Agmt03 BHV Innisfree Ven... (2)
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Agmt03 BHV Innisfree Ven... (2)
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Last modified
4/16/2007 12:05:31 PM
Creation date
1/5/2004 11:56:27 AM
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Template:
Agreement
Contractor Name
BHV Innisfree Ventures
PROJECT NAME
underground garage - downtown cinema
RMP File Number
100 bin 24
Date
8/21/2003
MO Ref
RD-03-25 03-193
Amendment
Yes
Box
6360
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and local government laws, regulations and rules, including all rules and regulations of <br />City, as these rules and regulations may be modified or changed from time to time. <br />Developer shall require all contractors to pay prevailing wages and give all notices and <br />comply with all laws, ordinances, rules, regulations and lawful orders of any public <br />authority, including those laws, ordinances, rules, regulations and lawful orders relating <br />to safety, hazardous materials and equal employment opportunities; pay all local, state <br />and federal taxes; and pay all benefits, insurance, taxes and contributions for Social <br />Security and Unemployment Insurance which are measured by wages, salaries or other <br />remuneration paid to their employees. <br /> <br /> All work performed on the Work shall be done only by contractors holding <br />valid contractors licenses in the State of California and qualified to perform the type of <br />work required. All contractors shall comply with the City's Business License Ordinance. <br /> <br /> 7. Ownership of Improvements. It is agreed that title and ownership of all <br />improvements constructed as part of the Work by Developer shall vest absolutely in City <br />upon. completion and acceptance of such improvements by City. <br /> <br /> 8. Inspection; Completion of Construction. The City shall provide inspection of <br />the construction of the Work to ensure that the construction is accomplished in accordance <br />with the approved plans and specifications. The City's personnel shall have access to the <br />Project Site at all reasonable times for the purpose of accomplishing such inspection. <br />Upon the completion of the Work to the satisfaction of the City's inspectors, the Developer <br />shall notify the Agency and the City in writing that the construction of the Work has been <br />completed in accordance with the plans and specifications. <br /> <br /> Upon receiving such wdtten notification from the Developer, and upon <br />receipt of wdtten notification from its inspectors that construction of the Work has been <br />completed in accordance with the construction documents and the City's standard <br />requirements, the City shall in a timely manner notify the Developer in writing that the <br />construction of such Work has been satisfactorily completed. Upon receiving such <br />notification, the Developer shall forthwith file with the San Mateo County Recorder a Notice <br />of Completion pursuant to the provisions of Section 3093 of the California Civil Code. The <br />Developer shall furnish to the City and Agency a duplicate copy of each such Notice of <br />Completion showing thereon the date of filing with said County Recorder. <br /> <br /> 9. Maintenance of Work; Warranties. The Developer shall maintain the Work <br />in good and safe condition until the date that the Work is accepted by City and the <br />Reimbursement Payment, as defined in Section 10 hereof, is paid to Developer. Prior to <br />such acceptance, and payment, the Developer shall be responsible for performing any <br />required maintenance on such Work. As a condition to the Agency's obligation to pay <br />Developer hereunder, the Developer shall assign to the City ail of Developer's rights in any <br />warranties, guarantees, maintenance obligations or other evidence of contingent <br />obligations of third persons with respect to such Work. In addition, Developer shall provide <br />City with a complete set of "as builf' drawings certified by the Developer's engineer <br />showing the location of the Work as installed. <br /> <br /> F:Atty/Agr/Agr. 150 <br /> 081503 6 <br /> <br /> <br />
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