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16
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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110513
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10/31/2013 11:49:14 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/5/2013
DESTRUCT DATE
15Y
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been determined to be applicable to any such claims. Developer's indemnification obligations set <br /> forth in this Section shall not apply to claims arising from gross negligence or willful misconduct <br /> of the City or the Housing Authority. <br /> Section 9.7 Progress Report. Until such time as the Developer has completed <br /> construction of the Improvements, as evidenced by issuance of final Certificates of Occupancy <br /> by the City for all buildings in the Development, the Developer shall provide the City with <br /> quarterly progress reports, or more frequent updates if City reasonably requires, regarding the <br /> status of the preconstruction and construction of the Development. <br /> Section 9.8 Construction Responsibilities. <br /> (a) It shall be the responsibility of the Developer to coordinate and schedule <br /> the work to be performed so that commencement and completion of construction will take place <br /> in accordance with this Agreement. <br /> (b) The Developer shall be solely responsible for all aspects of the <br /> Developer's conduct in connection with the Development, including(but not limited to) the <br /> quality and suitability of the plans and specifications, the supervision of construction work, and <br /> the qualifications, financial condition, and performance of all architects, engineers, contractors, <br /> subcontractors, suppliers, consultants, and property managers. <br /> Section 9.9 Mechanics Liens, Stop Notices, and Notices of Completion. <br /> (a) If any claim of lien is filed against the Site or the Improvements or a stop <br /> notice affecting the City Loan is served on the City or any other lender or other third party in <br /> connection with the Development, then the Developer shall, within twenty (20) days after such <br /> filing or service, either pay and fully discharge the lien or stop notice, effect the release of such <br /> lien or stop notice by delivering to the City a surety bond from a surety acceptable to the City in <br /> sufficient form and amount, or provide the City with other assurance satisfactory to the City that <br /> the claim of lien or stop notice will be paid or discharged. <br /> (b) If the Developer fails to discharge any lien, encumbrance, charge, or claim <br /> in the manner required in this Section or obtain a surety bond, then in addition to any other right <br /> or remedy, the City may(but shall be under no obligation to) discharge such lien, encumbrance, <br /> charge, or claim at the Developer's expense. Alternatively, the City may require the Developer <br /> to immediately deposit with the City the amount necessary to satisfy such lien or claim and any <br /> costs, pending resolution thereof. The City may use such deposit to satisfy any claim or lien that <br /> is adversely determined against the Developer. <br /> (c) The Developer shall file a valid notice of cessation or notice of completion <br /> upon cessation of construction of the Development for a continuous period of thirty(30) days or <br /> more, and take all other reasonable steps to forestall the assertion of claims of lien against the <br /> Site and/or Improvements. <br /> Section 9.10 Inspections. The Developer shall permit and facilitate, and shall require <br /> its contractors to permit and facilitate, observation and inspection at the Development by the City <br /> 21 <br /> 191\52\1242198 13 <br />
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