VISTA DEL RIO HOUSING PARTNERS, L.P. (2)

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laws and ORANGE policies applicable to public works projects, including, but not limited to, competitive bidding statutes and the payment of prevailing wage rates. The Property Owner shall cause all documents constituting the "bid package" for the System to contain all of those provisions required by state law for public works projects, including, but not limited to, all applicable provisions of the California Public Contracts Code, California Labor Code Sections 1776, 1777.5 and 1777.7, and shall adhere to the Greenbook standard specifications and procedures. The Property Owner shall not release the "Notice Inviting Bids" until the complete bid package has been reviewed and approved by ORANGE's City Engineer. The Property Owner shall advertise for bids and open all bids in accordance with state law and shall award the contract(s) for the System to the lowest responsible bidder(s) as required by state law. The Property Owner shall furnish ORANGE's City Engineer with copies of all bids received. If the Property Owner determines that the apparent lowest responsible bidder is not responsible, the Property Owner shall communicate such determination to ORANGE's City Engineer. Any determination to award the contract(s) to any person other than the apparent lowest responsible bidder shall be made by ORANGE's City Engineer in accordance with state law. 3. The Property Owner covenants and agrees, on behalf of itself, its successors and assigns, that before the issuance of use and occupancy permits, Property Owner will pay to ORANGE an amount of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). This payment shall be used for future maintenance, energy and operation costs for the System in perpetuity, and represents a lump sum, present value of the System's operation and maintenance costs. The methodology for determining the Property Owner's payment amount for such costs is based on the number of legs of the modified intersection within each intersection. This payment will relieve Property Owner and SANTA ANA from future maintenance, energy or operation costs and obligations for the System. 4. The Property Owner has prepared a signing and striping modification plan for that portion of The City Drive and Memory Lane affected by the installation and construction of the System, which signing and striping plans reflect the signalized entries and island modifications, and an on -site signing and striping plans for the project driveways and throats (collectively, the "Signing and Striping Plans"). The Signing and Striping Plans have been approved by the ORANGE Traffic Engineer and are on file with the ORANGE's Public Works Department. The cost of all signing and striping removal, installation and modification in accordance with the Signing and Striping Plans shall be borne by the Property Owner. 5. Upon its completion to the satisfaction of the City Engineer, the System shall be dedicated to and become the property of ORANGE. 6. The Property Owner shall record an easement to SANTA ANA for the right of ingress and egress (Easement) over and across that portion of the Site generally depicted on the maps attached hereto as Exhibit B and legally described on Exhibit A attached hereto and incorporated herein by this reference, for the purpose of maintaining, repairing and/or replacing those. portions of the System as shall be installed upon the Site. Said Easement will be recorded separately and a draft of the Easement is attached to this Agreement for reference purposes only... PJ