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HomeMy WebLinkAboutT-6091 - Certificate of Insurance - 8/23/2017 --m1 GLENE-1 OP ID:JY '4`�►2o CERTIFICATE OF LIABILITY INSURANCE FD0611912ATE /Y7 06/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certlflcate does not confer rights to the certificate holder In lieu of such ondorsement(s). AgRrI PRODUCER Insurance Agency of o�eGT Kim Cameron F 286()W.Shaw lane,Sult,e 102 AJc 140.t.;0559-.233-0123 I In'c„Na}_559-266-8858 Fresno,CA 93711 MAIL Martin McCubbin ADDRESS_kith@agricenterinsuance.cam INSURER(BIAFFORDINO COVERAGE NAIC■ _ INSURER A;State Compensation Ins.Fund 35076 INSURED Gleneagles Homes A CR Carp, INSUtiER B;American Safety Indempity Co. Gary McDonald Homes,Gary INSURERC:Navi Navigators Insurance Com an 42307 Mci]onald Real Estate,Gary PY McDonald Develpment Co,Inc. INSURER D:West American Insurance Co 44393 11326 N.Glencasire Way INSURER E Fresno,CA 93730-7003 lid$ KnF, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBTt -AIS}S[${�� P0tACY EFF - PCO LTR TYPE OF INSURANCE POLiC:YNUMDCR MMfi)twyYY V AtMrOpyyyyY. LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE It 1,000,00 CLAIMS-MADE N OCCUR XCACGLOOOOO6B02501 1010112018 10101/2017 DAMAGET6RER1tu— - PREIA -'iLEAaeranienoe) E 50,00 MEDEXP(Any one person) $ _ 5,00 J _ PERSONAL 8 ADV INJURY t 110001 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,00 POLICY 0 PRO• n P/OP AGG JECT I--J LOC PRODUCTS-COMi 2,O-00,0i) OTHER _ I i AUTOMOBILE LIABILITY COMBINED SINGLE LI 1) 1,000,00 S a aoddenl) _ s D ANY AUTO BAW67052803 12/0812016 12/08/2017 BODILY INJURY(Per person) S ALLOWNED X SCHEDULED P BODILY INJURY(Par accident tanl AUTOS AUTOS ( ) _ HIRED AUTOS X AUT SWNED LO r t —' _ S UMBRELLA L1AB X OCCUR EACH OCCURRENCE i 9,000,00 C X EXCESS UAB f CLAIMS-MADEJ �SF16EXC7256931C 1010112016 10/01/2017 AGGREGATE s 9,000,00 _ DEO=I RETENTION= t W0AA9R$COMPENSA17DN oIN AND EMPLOYERS'LIABILITY YIN Al$ wn ER A ANY FROPRIETOWARTNERIE:LECUTIVEC 900471917 01/28/2017 01/27/2018 ELEACHACCIDENT S 1,000,006 OFFICERIMEMBER EXCLUDED? N I A (hl;ndatury in NH) E L DISEASE-EA EMPLOYEE S 1,000,006 II yes,du V14a undor DESCRIP TION CIFOPERATIONS Wow ELDISEASE-PMI, LIMIT S 1,000,000 DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES (,CORD 101,Additional Ramarhe3otf?duls�MAlIIAr.=�«1e ENT DIVISION SEE NOTES RI STI App ;pved w iZges: ENQ)94A Signed Date CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FRESNO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET AUTHORIZED RE "TA F 4TH FLOOR Martin McCubbin FRESNO,CA 93721 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD '- -- GENE-1 PAGE 2 NOTEPAD INSURED'S NAME Gleneagles Homes A CA Corp, OP ID:JY are 06/1912017 The City of Fresno, its officers, officials, agents, amployevs, Bind volunteers are included as additional insured as zespects to general liability per attached form CG 20 12 04 13 and the auto policy per forms CA 20 4e 02 99 6 CA 88 56 05 13 attached. Primary and Hancontibutory applies to General Liabilty per attached form CG 2001 0413. To regards to the Excess Liability. Primary and Nancontxibutory applies per attached form NAV-EXC-34SA (0 11) . COMMERCIAL GENERAL LIABILITY CG 20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE __ State Or Govern men toI Agency Or Subdivislon Or Political Subdivision: T City or Fresno public.Works Dt;xirtment 2rn0 Fi rasno St Fresno,CA 93721 Information req wired to carn2lete this Schedule if not shown above will be shown in the Declarations. A. Section If —Who Is An Insured is amended to 2 This insurance does not apply to: include as an additional insured any state or a. "Bodi{ injuty," "property darnayo" or governmental agency or subdivision or Alical .1personal and advartisin[d ii fury" arising owl subdivisk>n shrmil In the Sd)edule, subject to tt►n aF operations p formQd or Ilio federal fdlovang provisions government,state or municipality-, or 1. This insuranr� ftpplies onty with respect to b. "Bodily injury" or �.t�rnf�rrtyy rlarnar e" for WhiGh t perstate or IN you or pry your t ttaff included vuithin the "Ixod' s-comple ed for which the state or r}rnremmental agency or operatiortshaxard° subdivision or political subdivision fres issuer;a permit or authorization. B. Wlth respecl to the insurance afforded to these However: additional insureds, the following is added to Section III—Limits Df Insurance:a The insurance afforded to such additional If coverer e provided to Ilia additional insurer) is insured only applies to the extent permitted required try a contract or agreemrrn, Ilio mwl wr: by law,and will pay on betraff of Ilia additional insured is Ihr: b. If covcuage pro,irdod to the additional amount of insurance: insured is requi od by a contract or 1. Required by the contractor agreement;or agreement, the insurance afforded to such additional insured will not be broader than 2 Available under the applicable Limits of than which you are required by thy: nontrad Insurance shown in the declarations; or awtx:ment to provide for such :Fit itional whichever is less. insuit-A. This oiduisernertl shall not increase Zhu applicable Limits of Insuiance shchvii in the Declarcilions, CG 2012 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 CACCL000006802501 COMMERCIAL GENMPAI.LIABILITY 0020 0104,10 TH IN I:MOR SE-14f NT 01•U1111(11 ,Ii'r'I-IL""-POLIOY. 1)1•.PASh Ijjz-Au I'r OANU MI-1-Y. PROIU ARY AND I11ONCONTRIBU T O,%; THIS ENDORSCMENT CHANGES THE POLICY. PLEASE READ IT CARf=171.11_1-Y. CA 20 48 02 99 DESIGNATED ED INSURE.I..) EMORSEMEN T The endorsement modifies Insurance provided tinder the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM W*W51 MOTOR CARRIER COVERAGE FORM i TRUCKERS COVERAGE FORM " M With respect to coverage provided by this endorsement, the provisions of the Coverage Form'apply unless modified by the endorsement. This endorsement Identifies pwx ion(e) or organl: a;iiors(:) who are 'Insureds" under the WI-10 IS AN IN- SURER provlslan of the Coverage Form. This el"rl 3rs },; :nt does not alter coverage provided in the Cov- erage Fonn. This endorsement changes the policy effective on the inception date of the policy unless another date Is tIm Indicated below Endorsement Effective Policy Number BAW570528(l3 Named Insured Cow lersicined hV.r _ (Authorized Representative)` SCHEDULE Name of Person(s)or Organization(s) Ciey of Fxaprxo (If no entry appears above, Information required to complete this endorsement will be shown In the Declara- tions as applicable to this endorsement.) Each parson or organization shown in the Schedule Is an "Insured" for LIABILITY COVERAGE, but only to the extent Ihat person or oglanizalion qualill-, as an "insured" under the WHO IS AN INSURED provislao contained in SEC'HON II of t11e Coverage Foml. CA 20 40 02 99 Copyright, Insurance ee"vtces Ofgoe, Inc., 1000 Page 9 of 1 i POLICY #BAW57052803 COMIVII,IRCIAI. AUTO CA 88 60 06 '13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARCI.-ULI_Y. DESIGNATED IMSURED NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVGRAGEFORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM IAJ!rn respect to covrsrtigci provided by this endorsement, the provisions Of the Coverage f=orm apply unless liedified by this endorsement. This endorsement Identifies persotn(s) or Ur9�-rnizatlUrt{s) who are "+ns[rrnclS" under the Who Is Ail Insured Provision of the Cov uncia Form. This enclol'solnent [noes not alter coverage provided In (lie Covnrlrp Form, Schedule Narno of Person(s)or organlzatlon(s): City of Fresno Regarding Designated Contract or Project: City of Fresno Faclt person of organization shown In the Schedule of thic endorsement Is an `n ured" for Liability Cov oras3o, taut Only to the axtent that person or organization c[trailfies as an "InsurCO" under the Who Is An Insttred Provision contained In Section li of the Cnverage Form, The fallowing Is added to the Other Insurance Condition: If you have agreed in a virllten agreement that Ibis P11110y will be primary and without right of wribibu- tion from any Insurance In force for an Additional Insured tot'Itubilily allsiny cut Of your Operations, and the agreement was Mcuted prlor to the"budlly Injury" or"property dantago", then this Insurance will 130 printery and we will not seek contrlbullon frdin sucl insurance. 0 2013 CA 88 66 06 93 Includes copyrighted matf I of Inst raLIKIal lnncer�arl rvices01reserved,hts Office,Inc.wlt t e Its permission, Page'1 of 9 COMMERCIAL EXCE1,3$LIABILITY THIS ENUORSEMENT CHANGES TFIE POLICY. PLEASE HEAD IT CAREFULLY, AMENDMIENT OF CONDITIONS OTHER INSURANCE PRIMARY AND NON-CONTRIBUTING This endorsement modilles Insurance provided unclerthe followlncd, COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE When roqulrod by written contract executed before the "lost." A. Section IV-CondBlons, 9.Other Insuranoe is deleted and replaced by the follVwing: 0. This Insurance Is excess over any other Insurance available to the Insured except: n, insurance that is purcliased specifically to apr-4y In excess of this policy,or b. insurance avellahle Io IN?person or organization 9hDVJn In the Schedule of Ibis endorsement asen addiiinrral insured on the"conlwillrig underlying Insurance." B. When Ihls Insuramo nmlies on n lir lMary alul neo-ront4buUng basis,the LlnVis of Insuronce available for the eddlliorml insuro0%,gill bs the li:;,er of: 1, the arnounts shown In Item 3 of the Declaratlons of llils policy;or 2, the amount of irisurrnDe you are required to provide the additional Insured In the written contrnot oragrr,r-rm-f1I, All other tomes of the policy remaln unchanged, HAV-EXC-348A(01/11) Navigators Specialty Insurance Company Paye'I o1 i Conlaino c;Ppy4gfiled mated d of the Insurance Servicos[)illcn, Inc.with els permission. Subdivision Agreement Final Map of Tract No. 6091 Page 11 e. This Section shall survive termination or expiration of this Agreement. 11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. Subdivision Agreement Final Map of Tract No. 6091 Page 12 The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers,officials,agents, employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage,either(i)the policy(ies)shall be endorsed to provide not less than a five (5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify Subdivision Agreement Final Map of Tract No. 6091 Page 13 City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials, employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs,except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for anywork or laborthereon of any kind,and for amounts due underthe Unemployment Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, Subdivision Agreement Final Map of Tract No. 6091 Page 14 entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdivider shall comply with Street, Plumbing, Building, Electrical,Zoning Codes and any other codes or ordinances of the City. 15. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 16. Whenever the Subdivider varies the period during which work is carried on each day, it shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. The inspection of the Improvements shall not relieve the Subdivider of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good,and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted. 17. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or Subdivision Agreement Final Map of Tract No. 6091 Page 15 the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision in strict compliance with all rules and regulations established by the San Joaquin Valley Air Pollution Control Board. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph,the City Engineer shall give notice to the Subdivider to comply ("Notice to Comply") with the provisions of this paragraph forthwith. If in the opinion of the City Engineer the Subdivider's failure to comply with the provisions of this paragraph is having an immediate and significant impact on the public's health, safety and welfare, the City Engineer may immediately issue a stop work order until the City receives reasonable assurances that the Subdivider shall comply with the provisions of this paragraph forthwith. Such notices and stop-work orders may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notices and stop-work orders may be mailed to the Subdivider at his address on file with the City Engineer. If the City Engineer has issued a Notice to Comply and within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as it may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefore, the entire cost to City of such sprinkling or treating. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen(14)calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. Subdivision Agreement Final Map of Tract No. 6091 Page 16 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed under ground shall be completed in the streets and alleys before starting the street and alley surfacing. 19. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 20. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of City. 21. In addition to the following Covenants Affecting Land Development: a. Maintenance of Certain Public Improvements b. Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees, City-wide fees, and Development Fees c. Acknowledging Right to Farm Law as referenced on the Final Map and this Agreement, Subdivider shall comply with all of the Conditions of Approvals that it has not already fully complied with as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement, including but not limited to, any condition to convey to a specific party a fee interest or easement in any parcels, upon Subdivider's completion of all required improvements to said parcels. Subdivider's compliance with such conditions shall be completed within a reasonable time, as determined by the City, after receiving written notice from the City Engineer of the outstanding condition or term with which the Subdivider is required to comply. 22. In performing its obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of the governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider, not the City, is responsible for determining applicability of and compliance with all local, state, and federal laws including,without limitation,the California Labor Code, Public Subdivision Agreement Final Map of Tract No. 6091 Page 17 Contract Code, Public Resources Code, Health&Safety Code,Government Code,the City Charter, and Fresno Municipal Code. The City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties' respective rights or obligations hereunder including,without limitation, payment of prevailing wages,competitive bidding,subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity, to any person for Subdivider's failure to comply with any such laws, whether the City knew or should have known of the need for Subdivider to comply, or whether the City failed to notify Subdivider of the need to comply. The Subdivider is referred to the City's Department of Public Works, Construction Management Division to obtain the current prevailing wage rates, to the extent said rates are applicable to the construction of any of the Improvements. 23. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals'fees and expenses, attorneys, consultants fees and expenses,expert witness fees and expenses,and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. 24. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 25. The provisions of this Agreement are severable. The invalidity or unenforceability of Subdivision Agreement Final Map of Tract No. 6091 Page 18 any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 27. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. Subdivision Agreement Final Map of Tract No. 6091 Page 19 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation GARY MCDONALD DEVELOPMENT Public Works Department COMPANY, INC. Scott Mozier, P.E., Director A California Corporation By: By: Andrew J. Benelli, P.E., Assistant Director Gary McDonald, President APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary Raterman-Doidge Deputy City Attorney (Attach Notary Acknowledgments) Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CLERK'S CERTIFICATION State of California ) County of Fresno ) On before me, personally appeared, , who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 20_, in the office of the Fresno County Recorder, as Document No. of which the Deed of Trust in, by and between as Trustor, as Trustee and Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 6091. DATED: BENEFICIARY By: Name: Title: By: Name: Title: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)