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Project prior to City Council approval of the Project and related agreements following <br />compliance with CEQA and all other applicable requirements of law. <br />The Parties agree that the definitive agreement will include the following provisions: <br />(i) Developer and its contractors shall comply with California Labor Code Section <br />1720 et seq. and the regulations adopted pursuant thereto ("Prevailing Wage Laws"), and shall <br />be responsible for carrying out the requirements of such provisions. Compensation for all <br />construction work related to the Project shall be paid at not less than the general prevailing rate <br />of per diem wages determined in accordance with Prevailing Wage Laws for each craft or type of <br />workman or mechanic needed to perform the work. <br />(ii) Developer and its contractors and all sublessees of the Site or part thereof shall <br />comply with the City of San Leandro Living Wage Ordinance (San Leandro Municipal Code, <br />Title 1, Article 6, Chapter 6) ("LWO"). <br />20. Transfer and Assi~mnent. The qualifications of Developer are of particular concern to <br />City. Accordingly, no assignment or other transfer of this Agreement shall be permitted other <br />than to an affiliate of Developer in which Edward J. Miller maintains at least fifty-one percent <br />(51 %) or more of the ownership interests. <br />21. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant <br />to this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to <br />the other parties in accordance with this Section. All such notices shall be sent by: (i) personal <br />delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return <br />receipt requested, in which case notice shall be deemed delivered on receipt if delivery is <br />confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid <br />or charged to the sender's account, in which case notice is effective on delivery if delivery is <br />confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be <br />deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly <br />delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is <br />generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be <br />considered to have been received on the next business day if it is received after 5:00 p.m. <br />recipient's time or on anon-business day. <br />City: City of San Leandro <br />Office of Business Development <br />835 East 14th Street <br />San Leandro CA 94577 <br />Attn: Cynthia Battenberg, Business Development Manager <br />Developer: Cal Coast Development, LLC <br />1450 W. Redondo Beach Blvd., Suite 150 <br />Gardena, CA 90247 <br />Attn: Edward J. Miller <br />ll45383-5 9 <br />