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6.1.D. - Page 59 <br /> by (aw. No Work shall commence until such Wat•kers' Compensation insurance is obtait�ed and in full <br /> force and effect. <br /> 21. Compliance with Laws. Develape�• shall comply with a11 f�deral, state and loeal Iaws, <br /> ordinances and �•egulations in the pe�-formance af this Ag�•eement. Developer shall, at its own cost and <br /> expense, obtain all necessazy p�rmits and licenses far the Work, give ali neeessary notices, pay all fees <br /> and t�es reguu•ed by law and make ar�y and all deposits legally�•equi►•ed by#hose public utilities that will <br /> serve the residential de�elopment on the Pt•ope�•ry. Copies and/or proof of payment af said pe�•mi#s, <br /> licenses, natices, fee and tax payments and deposits shall he furt�ished to the City Engineer upon request. <br /> 22. Enc�•oacl�ment Permits. Develape�• shall obtain, at its sole cost and expense, any <br /> e��c�•oachxnent permits�•equired by City in order to perform the Woz•�. <br /> 23. Pavments. Developer agrees that it will pay, w1�an due, a11 those fut•nishing labar or <br /> tnatie�•iais in connection with the Work. Developer �'urther agrees that pursuant to Govez•nment Code <br /> section 66499.7, the Payment Secut•ity p�•avided by Developer in aecordance with Section 13.1 of this <br /> Agreement s�all not be �•eleased if any mechanics liens o�• stop notiees are outstanding, unless said liens <br /> are released by bond in compliance with Civii Code section 3143. <br /> 24, Notice af Breach and Default. The occu���'ence of any of tl�e foilowing canstitutes a <br /> breach and default of this Ag�•eetnent: <br /> (1} Developer ref-uses or fails to complete the Work within the time set fort� herain <br /> or abandons the Wo�•k, <br /> (2) Developer assigns the Agreernent withaut the prior written consent of City. <br /> (3) Developer is adjudged ban���upt or makes a genej•al assigl�mer�Y fo��the ber�efit of <br /> creditors, oj'a�'eceiver is appointed in the eve�t of Developer's itisol�ency. <br /> (4) DeveIoper or Developer's cont�•actars, subcontractors, agents ar empioyees, fail <br /> to cor�ply with at�y ter�ns o�•canditions of this Agreement. <br /> {5) Any delay in the construction oF any poi�tion of the Wock or repairs, which in t[ze <br /> reasonable opinion of the City Engineer,endat�gers public or pri�ate property. <br /> City may serve r�vz•itten natice of b�•each and default upon Developer and the financial instit�tior� holciing <br /> tl�e sec�arities. <br /> 25, O�portunity to Cure. If City gives Develaper notice undec Section 24 of bR•each and <br /> default of this Ag�•�ement, Developer shall ha�e 30 days within which to co3•�•ect, remedy or cure the <br /> defauIt. If the written notification states that the problem is urgent and relates to the public health and <br /> safety, then Developar shall have 24 hours to correct, �•e�neciy o�• cure the defautt. If Develope�•does ��ot <br /> cuz•e the default within the ap�licable tiinafi•a�ne, City may pui•sue the remedies set fo��th in Section 26 <br /> below. <br /> 26. Remediss. <br /> 26.1 City rnay proceed to complete the Work by cont�•act ar other method City <br /> cot�siders advisable, at the sola expense of Develaper. Develope�•, im�nediataly upan derr►and, <br /> shall pay the costs and charges related to the Work and any subsequent t•epairs. City, without <br /> ATTY/AGR12013.0091S11BDIVISION IMPR�l/EfNENT AGREEMENT ONE[VIARfNA <br /> R�V:01-14-13 VR <br /> Page 9 of 15 <br />