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19. Execution of Definitive Agreement(s). If the Parties successfully negotiate an agreement <br />or multiple agreements for the development of the Project and the disposition of the Property or <br />part thereof, the Agency shall prepare the report and conduct a noticed public hearing before the <br />Agency governing board as required by Health and Safety Code Sections 33431 and 33433. The <br />Agency shall have no legal obligation to grant any approvals or authorizations for the Project <br />prior to governing board approval of the Project and related agreements following compliance <br />with CEQA and all other applicable requirements of law. <br />The Parties agree that the definitive agreement(s) 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 lessees and sublessees of the Property and <br />the Project or part thereof shall comply with the City of San Leandro Living Wage Ordinance <br />(San Leandro Municipal Code, Title 1, Article 6, Chapter 6) ("LWO"). <br />(iii) Developer shall meet with labor union and trade organization representatives <br />to negotiate terms that will promote labor harmony with respect to the construction and operation <br />of the Project. <br />20. Transfer and Assignment. The qualifications of Developer are of particular concern to <br />the Agency. Accordingly, no assignment or other transfer of this Agreement shall be permitted <br />other than to an affiliate of Developer in which David C. Irmer maintains at least fifty-one <br />percent (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 />Agency: Redevelopment Agency of the City of San Leandro <br />Office of Business Development <br />1284546-2 9 <br />OHS West2607188992 <br />19268-3 C14 <br />