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DRAFT
<br />5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner
<br />agree that Owner shall be responsible for all costs associated with the design, construction,
<br />maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
<br />5.3 Remaining Offsite Mitigation Measures. The parties acknowledge and
<br />agree that the sole remaining offsite mitigation measures which must be funded or constructed by
<br />Owner are as set forth in Exhibit D to this First Amendment.
<br />5.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of
<br />$3,000.00 per residential unit as a condition of issuance of each building permit which includes
<br />one or more residential units, or $1,059,000.00 for all residential units upon the issuance of the
<br />initial building permit, whichever is greater. This fee shall be used by the City to build new or
<br />substantially rehabilitate existing affordable housing in the City.
<br />5.5 In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu
<br />of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code; provided,
<br />however that the fee may be increased to $10,568.00 per unit if the Owner does not Commence
<br />Construction (as that term is defined in Section 5.2.1) during the Initial Term. This in-lieu park
<br />fee shall be paid at the same time as those fees the payment of which is currently deferred by the
<br />City pursuant to City Ordinance No. NS-2775, or any extension thereto.
<br />5.6 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Sky Lofts Project in substantial conformity with all
<br />applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
<br />States, the State of California, the County of Orange, the City, or any other political subdivision in
<br />which the Sky Loft Property is located, and of any other political subdivision, agency, or
<br />instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts Property,
<br />including all applicable federal, state, and local occupation, safety and health laws, rules,
<br />regulations and standards, applicable state and labor standards, applicable prevailing wage
<br />requirements, the City zoning and development standards, City permits and approvals, building,
<br />plumbing, mechanical and electrical codes, as they apply to the Sky Lofts Property and the Sky
<br />Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the
<br />Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped access
<br />requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. §
<br />12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51
<br />et seq. (collectively "Governmental Requirements").
<br />5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
<br />Restrictions (CC&R's) must be provided and approved by the Executive Director for the project
<br />prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the
<br />following:
<br />(1) Repair of perimeter walls will be specified in the CC&R's in the
<br />event of damage.
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<br />75A-83
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