ONE BROADWAY PLAZA 1 (Conformed Copy only)

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Construction Trades Council. Said agreement shall also include provisions that encourage the referral and utilization, to the extent permitted by law, of qualified residents as journeymen, apprentices and trainees. An executed copy of the agreement shall be submitted to the City prior to the issuance of building permits. 5.8.2. No Redevelopment Subsidy. The Owner shall not be entitled to request or accept any agreement with the Santa Ana Community Redevelopment Agency for economic, debt service payments, or other assistance for the development of the Project. Failure to comply with this provision shall be deemed in and of itself to constitute a failure to in good faith comply with terms or conditions of this Agreement pursuant to the terms ofGovemment Code section 65865.1. 5.8.3 Minimum Cost of Construction. The core construction costs for the office building shall not be less than the RS Means "Medium" square footage estimate, including the installation cost of all mechanical and electrical equipment for a Class A high rise office building. 5.8.4. OCHSA Drop-Off Site. The drop offi'pick up area for the Orange County High School for the Arts ("OCHSA") shall be approved by the City Engineer and be implemented by the Owner at its sole cost and expense before any demolition or construction is initiated for the Project. 5.8.5. Union Janitorial Service. Prior to receiving a Certificate of Occupancy, the Owner shall demonstrate to the City's Executive Director of Planning and Building evidence that it has entered into an agreement with a union janitorial service company for the provision of janitorial and maintenance services. 5.9 Historic Structures on the Property. (I) The Owner shall be responsible for the rehabilitation of the historic structure located at 1109 North Broadway (Koenig House) per City standards. (2) At the sole expense ofthe Owner the historic structure located at 1015 North Broadway (Twist-Basler House) shall be relocated to Cabrillo Park, set upon a new foundation, and supplied with all necessary utilities. The structure shall be rehabilitated to City standards by Owner at its sole cost which shall, however, be an offset from the Arts and Culture Fees paid by Owner for the Project. (3) After complying with the relocation obligations of subsections 5.9(1), if necessary, and 5.9(2), Owner may, notwithstanding the provisions of section 5.8 above, scarify the soil in the ScarifYing Area (shown on Exhibit E to this Agreement) to a depth of three feet (3.0') and drive piles in the area shown on Exhibit E to support the eventual 37-story office tower. The scarifYing and pile driving shall be done at a time and manner as set forth in plans submitted by Owner and approved by the Executive Director of the Public Works Agency, and only after written notice ofthe commencement date and estimated duration of the pile driving has been given by Owner to the Santa Ana Unified School District, Orange County High School of the Arts, and EI Sol Academy. The scarified area shall be refilled after the pile driving is complete to its original grade as shown in the approved plans and, if a building permit has not been issued and construction of the Project has not commenced within ninety (90) days 10 @~