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TOLL WEST COAST, LLC
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Last modified
6/20/2024 10:03:11 AM
Creation date
5/8/2024 10:50:22 AM
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Contracts
Company Name
TOLL WEST COAST, LLC
Contract #
A-2022-238
Agency
Community Development
Council Approval Date
12/6/2022
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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, vohmteers 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. <br />3. APPORDABILITY <br />3.1 Total Affordability Term. Pursuant to Santa Ana Municipal Code Section 41- <br />1906(e)(1), each Affordable Unit shall be restricted to use and occupancy by an Eligible <br />Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The <br />Total Affordability Term for an Affordable Unit shall commence on the date that the building in <br />which the Affordable Unit is located receives all required occupancy permits from the City. <br />3.2 Memorializing Commencement of Total Affordability Term. The commencement <br />date for each Affordable Unit is the date that a deed is recorded conveying the Affordable Unit <br />from Developer to a member of the homebuying public. Developer shall deliver a copy of each <br />grant deed to the City so that the City has a record of the commencement date for each Affordable <br />Unit. <br />3.3 Levels of Affordability. <br />
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