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A-2022-161
<br />regulations, and all conditions of approval issued by the City Council and City's Planning
<br />Commission for the Project. Any changes to the Project shall be reviewed by the City to determine
<br />compliance with this Agreement. If any changes to the Project shall materially alter the ability of
<br />Developer to comply with any terms of this Agreement in City's sole determination, then City and
<br />Developer shall meet and confer to address amendments and revisions to this Agreement as
<br />necessary.
<br />2.9 Relocation Prior to Development of Project. If relocation is required prior to the
<br />completion of development of the Project, Developer shall have the sole and exclusive
<br />responsibility for providing relocation assistance and paying all relocation costs as may be required
<br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity
<br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of
<br />City's choosing and the consent of Developer, which shall not be unreasonably withheld and which
<br />may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all
<br />of 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 for relocation
<br />assistance, benefits and costs prior to the completion of the development of the Project.
<br />2.10 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 a building permit,
<br />Developer shall develop and submit or cause the development and submittal to the Community
<br />Development Agency (the "CDA") a local sourcing plan for the Project targeting, to the extent
<br />commercially reasonable, the hiring of qualified workers, construction contractors, or the
<br />purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved
<br />by the CDA which if not granted or denied within five (5) business days, shall be deemed approved
<br />(with such approval not to be unreasonably withheld, conditioned or delayed) and be implemented
<br />for the construction of the project prior to issuance of a building permit.
<br />2.11 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 caused by, at the
<br />direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum
<br />thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company
<br />of any new recordings against the Property or Project. City hereby reserves all rights to post notices
<br />of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's
<br />lien. In addition to any other indemnity provided by Developer under this Agreement, Developer
<br />shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which
<br />shall not be unreasonably withheld - and which may be joint defense counsel upon City's and
<br />Developer's consent), and hold harmless City and all of its officials, officers, employees,
<br />representatives, volunteers and agents from any and all alleged or actual claims, causes of action,
<br />liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services,
<br />or materials supplied or claimed to have been supplied to Developer or caused by, at the direction
<br />of, or on behalf of, Developer.
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