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development of the Park Improvements, such that such Person(s) can meaningfully respond to City <br />staff questions regarding the progress of the Project, attend in -person or telephonic meetings with <br />City staff or meetings of the City governing body, when requested to do so by City staff, with <br />reasonable advance written Notice to the Developer, <br />5.8 PREVAILING WAGES AND COMMUNITY WORKFORCE <br />AGREEMENT. <br />5.8.1 THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE <br />CITY HAS INFORMED DEVELOPER THAT THE PROJECT IS SUBJECT TO PREVAILING <br />WAGES. THE DEVELOPER AGREES WITH THE CITY THAT THE DEVELOPER SHALL <br />ASSUME ANY AND ALL RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR <br />DETERMINING WHETHER OR NOT LABORERS EMPLOYED RELATIVE TO THE <br />CONSTRUCTION OR INSTALLATION OF THE PROJECT MUST BE PAID THE <br />PREVAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS <br />DETERMINED BY THE STATE, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. <br />5.8.2 THE DEVELOPER AGREES WITH THE CITY THAT THE <br />DEVELOPER SHALL BE SUBJECT TO THE COMMUNITY WORKFORCE AGREEMENT <br />DATED 2017, ATTACHED HERETO AS EXHIBIT H FOR ANY DEMOLITION OR <br />CONSTRUCTION OF THE PROJECT. DEVELOPER SHALL OBTAIN A LETTER OF <br />ASSENT (ATTACHMENT A OF THE WORKFORCE AGREEMENT) FOR EACH AND <br />EVERY CONTRACTOR AWARDED WORK COVERED BY THE COMMUNITY <br />WORKFORCE AGREEMENT PRIOR TO COMMENCING WORK ON THE PROJECT. <br />5.8.3 THE DEVELOPER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND <br />ASSIGNS, WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION THAT <br />MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. <br />THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL,'CODE SECTION <br />1542 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 <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST <br />HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT <br />WITH THE DEBTOR. <br />5.8.4 BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND <br />VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN <br />CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 5.8: <br />Initials o Authorized <br />.Developer Representative <br />29 <br />55394.00049\33239203.12 <br />