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311. Compliance with Laws. The Developer shall carry out the design, construction,
<br />development and operation of the Developer Improvements in conformity with all applicable
<br />laws, including all applicable state labor standards, City zoning and development standards,
<br />building, plumbing, mechanical and electrical codes, and all other provisions of the City's
<br />Municipal Code, and all applicable disabled and handicapped access requirements, including
<br />without limitation the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.,
<br />Government Code Section 4450, et seq., Government ment Code Section 11135, et seq., and the
<br />Unruh Civil Rights Act, Civil Code Section 51 � el seq., and any other applicable
<br />Governmental Requirements.
<br />11.1 revarYing wage Laws. Developer shall carry out the construction
<br />tbrough completion of the project and the overall development of the Site in conformity with all
<br />applicable federal, state and local labor laws and regulations, including, without limitation, if
<br />applicable, the requirements to pay prevailing wages under federal law (the Davis-Bacon Act,
<br />o U.S.C. Section 3 141, et seq. , nd the regulations promulgated thereunder set forth at 29 CFR
<br />Part 1 (collectively, "Davis-Bacon")) and California lay {Labor Cade Section 1720, el seq.).
<br />Notwithstanding the forging, a the Agency hereby acknowledges. and agrees that nothing in
<br />this Agreement or any of the documents entered into by the Agency and the ]developer ill
<br />connection with the transactions contemplated by this Agreement is intended to impose oil the
<br />Developer, contractually or otherwise, the obligation to pay prevailing wages under federal, state
<br />or local law, and b the Agency hereby represents and warrants to the Developer, its successors
<br />and assigns, that all funds used by the Agency in onnection with this Agreement and the
<br />transactions contemplated d hereby, including, without limitation, ftinds used and to be used by the
<br />Agency to acquire each and every component of the Site, funds used and to be used to pay for
<br />relocation and demolition of existing improvements on the Site, funds used and to be used to
<br />fed the Agency Loans and funds used and to be used to f nd Homebuyer Assistance Loans,
<br />solely constitute moneys from a Low and Moderate Income Housing Fund established pursuant
<br />to Section 33334.3 of the California Health and Safety Code, all within the meaning of
<br />Section 1720(c)(4) e of the California Labor Code. The Agency understands and agrees that the
<br />Developer eloper will materially rely on the foregoing warranties in its determination as to whether
<br />prevailing wages are required p rstiant to California law or Davis - Bacon. The parties
<br />acknowledge that a financing strLicture utilizing certain federal and/or state funding sources and
<br />financing scenarios not otherwise identified herein may trigger compliance with applicable state
<br />and federal prevailing wage laws and regulations. The applicability of federal, state and local
<br />prevailing wage laws will be determined based upon the final financing structure and sources of
<br />funding of the project, as approved by the Agency Executive Director.
<br />The Developer shall be solely responsible, expressly or inipliedly and legally and
<br />financially, ially, for deterinining and effectuating compliance with all applicable federal, state are
<br />local public works requirements, prevailing wage laws, labor laws and standards, and, except as
<br />provided above, neither the Agency nor City nukes any representation, either legally and or
<br />financially, as to the applicability or non-applicability of any federal, state and local laws to the
<br />Project, either onsite or offsite. The Developer expressly, knowingly and voluntarily
<br />acluiowled es and agrees that neither the Agency nor City have previously represented to the
<br />Developer or to any representative, agent or Affiliate of Developer, or any contractor(s) or any
<br />subcontractor(s) for the construction or development of the Project, in writing or other *wise, i11
<br />call for bids or otherwise, that the work and construction undeftaken pursuant to this Agreement
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