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be required to disclose to any other party inforniation which is protected by the attorney- client <br /> privilege. <br /> 20. Execution of Definitive Agreement. if the Parties successfully negotiate an agreement <br /> for the development of the Site, City staff shall recommend approval of the agreement to the City <br /> Council. The City shall have no legal obligation to grant any approvals or authorizations for the <br /> 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 /> (1) 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 /> (iii) Developer shall meet with labor union and trade organization representatives <br /> to negotiate in good faith in an effort to promote labor harmony with respect to the construction <br /> and operation of the Project. <br /> 21. Transfer and Assignment. The qualifications of Developer and its principals are of <br /> particular concern to City. Accordingly, no assignment or other transfer of this Agreement shall <br /> be permitted other than to an affiliate of Developer in which Edward J. Miller maintains at least <br /> fifty -one percent (51%) or more of the ownership interests. <br /> 22. Miscellaneous. <br /> 22.1 Notices. Except as otherwise specified in this Agreement all notices to be sent <br /> pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br /> addresses specified below or to such other address as a Party may designate by written notice <br /> delivered to the other parties in accordance with this Section. All such notices shall be sent by: <br /> (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered <br /> mail, return receipt requested, in which case notice shall be deemed delivered on receipt if <br /> delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with <br /> charges prepaid or charged to the sender's account, in which case notice is effective on delivery <br /> if delivery is confirmed by the delivery service. <br /> City: City of San Leandro <br /> Office of Business Development <br /> 835 East 14th Street <br /> San Leandro CA 94577 <br /> 1741070.3 11 <br />