|
loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable
<br />attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with
<br />the development, construction as defined by applicable lax and/or operation of the Project,
<br />including, without limitation, any and all public works (as defined by applicable law), results or
<br />arises in any way from any of the following: i the noncompliance by the Developer witli any
<br />applicable local, state and/or federal law or regulation, including, without limitation, any
<br />applicable federal and/or state labor laws or regulations (including, without limitation, if
<br />applicable, the requirement to pay Mate and/or federal prevailing wages); (ii) the implementation
<br />n
<br />of Section 1781 of the Labor Code and/or of Davis Bacon, as the wine may be amended from
<br />time to time, or any other shnilar law or regulation; and/or (iii) failure by the Developer to
<br />provide any required disclosure or identification as required by Labor Code Section 1781 and/or
<br />by Davis Bacot, as the same may be amended fr in time to time, or any other similar law or
<br />regulation. If and only if the representation and warranty provided by the Agency to the
<br />Developer in this Section 12 remains true, correct and complete in every respect, it is agreed by
<br />the parties that, in connection with the development and construction s defined by applicable
<br />law or regulation of the Project, including, without limitation, n, any and all public works a
<br />defined by applicable law or regulation), the Developer shall bear all risks of payment or n-
<br />payi ent of prevailing wages tinder applicable federal, state and local law or regulation and/or
<br />the implementation of Labor Code Section 1781 and/or by Davis Bacon, as the same may be
<br />amended from three to tire, and/or any other similar law or regulation. "Increased costs," s
<br />used in this Section 12, slial I have the t earring ascribed to it ire Labor Code Section 17 8 1, as the
<br />same may be amended from tinie to time. The foregoing indemnity shall survive termination of
<br />this Agreement and shall continue after completion f the construction nd development of the
<br />Project by the Developer.
<br />13. Following delivery and recordation of this Grant Deed and during the
<br />construction, tl e Developer shall use all reasonable efforts to not allow to be placed on the
<br />Agency Parcel or any part thereof any lien or stop notice. I a claim of a lien or stop notice is
<br />given or recorded affecting the Agency parcel or the Developer Impro etrrents or any portion
<br />thereof by reason of Developer's prede el pment, development and/or construction activity, the
<br />Developer shall within thirty 3 days of such recording or service or within five days of the
<br />Agency's demand whichever last ccurs;
<br />(a) pay and discharge the sate; or
<br />(b) affect the release thereof by recording and delivering to the
<br />Agency a surety bond in sufficient form and ai ount, or otherwise; or
<br />(c) provide the Agency with other assurance which the Agency deems,
<br />in its reasonable discretion, to be satisfactory for the payment of such lien or beaded stop notice
<br />and for the full and continuous pr tecti n of Agency from the effect of such lien or bonded stop
<br />notice.
<br />The covenants established in this Grant Deed shall, without regard to technical
<br />classification and designation, be binding for the benefit and in favor of Agency and its
<br />successors and assigns, and shall remain in effect in perpetuity.
<br />ATTACHMENT N. 3-8
<br />D OCSOM 4 00673 v 1 3/200272 -0001
<br />
|