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IF DETERMINED TO BE APPLICABLE BY THE CITY. OWNER HEREBY <br />ACKNOWLEDGES, CONSENTS AND AGREES THAT THE PARK IMPROVEMENTS ARE <br />A PUBLIC WORK PURSUANT TO LABOR CODE SECTION 1720 ET SEQ_ AND THAT <br />LABORERS RESPONSIBLE FOR THE CONSTRUCTION, INSTALLATION OR <br />OPERATION OF THE PARK IMPROVEMENTS MUST BE PAID THE PREVAILING PER <br />DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE <br />STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SFQ. THE <br />OWNER AGREES WITH "twE CITY THAT THE OWNER SHALL ASSUME THE <br />RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR THE PAYMENT OF <br />LABORERS RMPLOYED RELATIVE TO THE CONSTRUCTION, INSTALLATION OR <br />OPERATION OF THE. PROJECT AT THE PREVAILING PER DIEM WAGE RATE FOR <br />THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, <br />PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. <br />THE DEVELOPER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND ASSIGNS, <br />WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION THAT MAY BE <br />AVAILABLE TO .ANY OF THEM PURSUANT1'0 LABOR CODE SECTION 1781. THE <br />DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 <br />RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 5.8, <br />WHICH READS AS FOLLOWS: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR <br />OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT <br />THE TU�1F, OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, <br />WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WfFH I'HE <br />DEBTOR OR RELEASED PARTY. <br />BY INITIALING BELOW, THE OWNER KNOWINGLY AND VOLUNTARILY <br />WAIVES TILE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE <br />WAIVERS AND RELEASES OF THIS ' ION 5.8: <br />e opees Initials <br />ADDITIONALLY, THE DEVELOPER SHALL INDEMNIFY, DEFEND A.ND HOLD <br />HARMLRSS THE CITY, PURSUANT TO SECTION 8 AGAINST ANY CLAIMS <br />PURSUANT TO LABOR CODE SF,CTION 1720 Er. SEQ., INCLUDING BUT NOT <br />LIMITED TO SECTION 1781, ARISING FROM THIS AGREEMENT OR THE <br />CONSTRUCTION, INSTALLATION OR OPERATION OF ALL OR ANY PORTION OF THE <br />PARK MPROVEMENTS. <br />(a) Park Santiago Neighborhood Benefits. OWNER has <br />met with residents of Park Santiago and has agreed to provide the following amenities: <br />(1) Limited access to onsite amenities in a manner to be determined <br />by OWNER as reasonably acceptable to Planning and Building Agency Executive Director. <br />l4- <br />5094.0000MIS53M 13 <br />