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(S700,000) (`Reimbursement Amount") for actual, third party costs associated with <br />the Park Improvements. <br />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 SEQ. THE <br />OWNER AGREES WITH THE CITY THAT THE OWNER SHALL ASSUME THE <br />RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR THE PAYMENT OF <br />LABORERS EMPLOYED 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 PURSUANT TO 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 TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, <br />WOULD HAVE MATERIALLY AFFECTED IIIS OR HER SETTLEMENT WITH THE <br />DEBTOR OR RELEASED PARTY. <br />BY INITIALING BELOW, THE OWNER KNOWINGLY AND VOLUNTARILY <br />WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE <br />WAIVERS AND RELEASES OF THISX ION 5.8: <br />eloper's Initials <br />ADDITIONALLY, THE DEVELOPER SHALL INDEMNIFY, DEFEND AND HOLD <br />HARMLESS THE CITY, PURSUANT TO SECTION 8 AGAINST ANY CLAIMS <br />PURSUANT TO LABOR CODE SECTION 1720 ET. 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 />PARKIMPROVEMENTS_ <br />i_i394.00002\t 1553187,13 <br />(c) Park Santiago Neighborhood Benefits. OWNER has <br />met with residents of Park Santiago and has agreed to provide the following amenities: <br />-14- <br />11 A-27 <br />