10B Action 2012 0402 - Laserfiche WebLink

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be required to disclose to any other party information which is protected by the attorney - client privilege. 20. Execution of Definitive Agreement If the Parties successfully negotiate an agreement for the development of the Site, City staff shall recommend approval of the agreement to the City Council. The City shall have no legal obligation to grant any approvals or authorizations for the Project prior to City Council approval of the Project and related agreements following compliance with CEQA and all other applicable requirements of law. The Parties agree that the definitive agreement will include the following provisions: (i) Developer and its contractors shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto ( "Prevailing Wage Laws "), and shall be responsible for carrying out the requirements of such provisions. Compensation for all construction work related to the Project shall be paid at not less than the general prevailing rate of per diem wages determined in accordance with Prevailing Wage Laws for each craft or type of workman or mechanic needed to perform the work. (ii) Developer and its contractors and all sublessees of the Site or part thereof shall comply with the City of San Leandro Living Wage Ordinance (San Leandro Municipal Code, Title 1, Article 6, Chapter 6) ( "LWO "). (iii) Developer shall meet with labor union and trade organization representatives to negotiate in good faith in an effort to promote labor harmony with respect to the construction and operation of the Project. 21. Transfer and Assignment The qualifications of Developer and its principals are of particular concern to City. Accordingly, no assignment or other transfer of this Agreement shall be permitted other than to an affiliate of Developer in which Edward J. Miller maintains at least fifty -one percent (51 %) or more of the ownership interests. 22. Miscellaneous 22.1 Notices Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery, (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of San Leandro Office of Business Development 835 East 14th Street San Leandro CA 94577 1741070.3 11