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AgdaPkt 2013-11-18 Special
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AgdaPkt 2013-11-18 Special
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Last modified
11/19/2013 10:11:16 AM
Creation date
11/15/2013 3:48:02 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
11/18/2013
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7.1 .D. - Page 13 <br /> Developer under the terxns of this Agreement, including, but not limited to, the <br /> provisions of subsection(a)above. <br /> 18A In the event that Developer's insurance is cancelled, Developer shall provide <br /> replacement coverage or all work must cease as of the cancellation date until replacement insurance <br /> coverage is provided. <br /> 19. Warkers' Compensation Insurance. Developer shall provide, or cause to be provided, <br /> Warkers' Compensation insurance as required by law, and shall cause its contractors and their <br /> subcontractors, agents and representatives to also maintain Warkers' Compensation insurance as required <br /> by law. No Wark shall commence until such Warkers'Compensation insurance is obtained and in full force <br /> and effect. <br /> 20. Compliance with Laws. Developer shall comply with all federal, state and local laws, <br /> ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and <br /> expense,obtain all necessary permits and licenses far the Work, give all necessary notices,pay all fees and <br /> taxes required by law and make any and all deposits legally required by those public utilities that will serve <br /> the residential development on the Property. Copies and/or proof of payment of said perxnits, licenses, <br /> notices,fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br /> 21. Encroachment Perxnits. Developer shall obtain, at its sole cost and expense, any <br /> encroachment permits required by City in order to perform the Wark. <br /> 22. Pavments. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connection with the Work. Developer further agrees that pursuant to Government Code section <br /> 66499.7(h), the Payment Security provided by Developer in accordance with Section 13.1 of this <br /> Agreement shall not be released if any mechanics liens or stop notices are outstanding,unless said liens are <br /> released by bond in compliance with Civil Code section 8424; provided however, at Developer's election <br /> the Payment Security may be reduced to an amount equal to the total claimed by all claimants for whom <br /> claims of lien has been recorded and notice given in writing to the City,and if no claims have been recorded, <br /> the Payment Security shall be released in full. <br /> 23. Notice of Breach and Default. The occurrence of any of the following constitutes a breach <br /> and default of this Agreement: <br /> (1) Developer refuses or fails to complete the Wark within the time set forth herein or <br /> abandons the Work. <br /> (2) Developer assigns the Agreement without the prior written consent of City,which <br /> shall not be unreasonably withheld. Any such assignment shall be in the form <br /> attached hereto as Exhibit E. <br /> (3) Developer is adjudged bankrupt or makes a general assignxnent far 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 to <br /> comply with any terms or conditions of this Agreement. <br /> (5) Any delay in the construction of any partion of the Wark or repairs, which in the <br /> reasonable opinion of the City Engineer, endangers public or private property. <br /> ATN/AGR/2013.217/IMPROVEMENT AGR 601 MAIN ST <br /> REV: 11-12-13 VR <br /> Page 9 0£24 <br />
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