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NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA ("NATIONAL CORE")
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3/29/2019 10:16:02 AM
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NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA ("NATIONAL CORE")
Contract #
A-2019-028
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alleged or actual claims, causes of action, liabilities, and damages from any third party for <br />relocation assistance, benefits and costs prior to the completion of the development of the Project. <br />2.11 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage <br />contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does <br />not delay the overall project development schedule. Prior to issuance of building permit, <br />Developer shall develop and submit to the Community Development Agency (the "CDA") a local <br />sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, <br />construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan <br />must be reviewed and approved by the CDA which if not granted or denied within five (5) Business <br />Days, shall be deemed approved (with such approval not to be unreasonably withheld) and be <br />implemented for the construction of the project prior to issuance of Building Permit. <br />2.12 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably <br />necessary to remove any future mechanic's liens or other similar liens (including design <br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor, <br />services, or materials supplied or claimed to have been supplied to Developer or anyone holding <br />the Property or Project, or any part thereof, through or under Developer. Prior to the recording of <br />this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide <br />evidence from the Title Company of any new recordings against the Property or Project. City <br />hereby reserves all rights to post notices of non -responsibility and any other notices as may be <br />appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by <br />Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's <br />choosing and the consent of Developer, which shall not be unreasonably withheld, and which may <br />be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of <br />its officials, officers, employees, representatives, volunteers and agents from any and all alleged <br />or actual claims, causes of action, liabilities, and damages from any third party by reason of a <br />mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to <br />Developer or anyone holding the Property or Project, or any part thereof, through or under <br />Developer. <br />3. AFFORDABILITY <br />3.1 Total Affordability Tenn. Each Affordable Unit shall be restricted to use and <br />occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total <br />Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on <br />the date that the Affordable Unit receives all required occupancy permits from the City. By way <br />of explanation of the foregoing two sentences, it is possible that the Total Affordability Period for <br />one Affordable Unit will neither commence on the same date nor terminate on the same date as <br />another Affordable Unit, and it is possible that the Total Affordability Terms for all Affordable <br />Units will commence on different days and terminate on different days. <br />3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep <br />detailed records of the commencement date of the Total Affordability Term for each Affordable <br />Unit. City shall have the right to review and verify said records to ensure that the commencement <br />date specified by Developer for an Affordable Unit coincides with the date that the initial <br />7 <br />
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