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6.1.A. - Page 22 <br /> serve the residential development on the Property. Copies and/or proof of payment of said permits, <br /> licenses,notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br /> 21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any <br /> encroachment permits required by City,including a Construction Permit,in order to perform the Work. <br /> 22. Pa,�. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connection with the Work. Developer further agrees that the Payment Security provided by <br /> Developer in accordance with Section 13.1 of this Agreement shall not be released if any mechanics liens <br /> or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code <br /> section 3143. <br /> 23. Notice of Breach and Default. The occurrence of any of the following constitutes a <br /> breach and default of this Agreement: <br /> (1) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work. <br /> (2) Developer assigns the Agreement without the prior written consent of City. <br /> (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of <br /> creditors, or a receiver is appointed in the event of Developer's insolvency. <br /> (4) Developer or Developer's contractors, subcontractors, agents or employees, fail <br /> to comply with any terms or conditions of this Agreement. <br /> (5) Any delay in the construction of any portion of the Work or repairs, which in the <br /> reasonable opinion of the City Engineer, endangers public or private property. <br /> City may serve written notice of breach and default upon Developer and the financial institution holding <br /> the securities. <br /> 24. Opportunity to Cure. If City gives Developer notice under Section 24 of breach and <br /> default of this Agreement, Developer shall have 30 days within which to correct, remedy or cure the <br /> default. If the written notification states that the problem is urgent and relates to the public health and <br /> safety, then Developer shall have 24 hours to correct, remedy or cure the default. If Developer does not <br /> cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 26 <br /> below. <br /> 25. Remedies. <br /> 25.1 City may proceed to complete the Work by contract or other method City <br /> considers advisable, at the sole expense of Developer. Developer, immediately upon demand, <br /> shall pay the costs and charges related to the Work and any subsequent repairs. City, without <br /> liability for doing so, may take possession of and utilize in completing the Work and repairs, if <br /> any, such materials and other property belonging to Developer as may be on or about the Property <br /> ATTY/AGR/2013.042/ELAN(145 MONROE)IMPROVEMENT AGR <br /> REV:03-28-13 VR <br /> Page 10 of 14 <br />