Reso 1997-046 to 050 - Laserfiche WebLink

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statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of City. If City, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, Subdivider shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 20. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should be adjudged as bankrupt, or should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the City Engineer may serve written notice on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of Subdivider. 21. Breach of Agreement; Performance b, Sure1y or Cites. In the event of any such notice of breach of this Agreement, Subdivider's surety shall have the duty to take over and complete the TRACT MAP 6532 MARINA VISTA - PHASE 4 SUBDIVISION IMPROVEMENT AGREEMENT C:\MAPS\TM6532\SUBMAG.DOC 14