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permit. Owner shall have one year from the effective date of this Agreement pursuant to section <br />1.6, above, to acquire the real property referenced in paragraph 5.a. and 8 of Exhibit C-1 and <br />transfer title to the City, except as to the roundabout, for which Owner shall secure and transfer <br />to City an easement (or other right to construct, maintain and use the property as a roundabout). <br />City shall accept transfer of this title and easement. Owner shall deposit an amount equal to the <br />estimate in cash for such offsite mitigation measures (including traffic studies) at the time called <br />for in paragraphs 5.a., 8 and 9 of Exhibit C-1. For all other items specified in Exhibit C-1, <br />security in the form of bonds (i. e., a payment, a performance and a material bond) or other proof <br />of ability to perform acceptable to the City's Executive Director of Public Works Agency shall be <br />provided, together with an offsite subdivision improvement agreement, prior to recordation of <br />final map. For those offsite mitigation measures identified in paragraphs 1-4, 5.b.-8 and 10 <br />which have not been accepted by the City as complete prior to issuance of a building permit, no <br />building permit shall issue until Owner deposits with the City cash; a direct draw, irrevocable <br />letter of credit; or establishes an irrevocable, escrowed cash account or escrowed construction <br />loan or funding proceeds in a form reasonably acceptable to the City Attorney of City, in an <br />amount specified by the City's Public Works Agency to guarantee performance of said offsite <br />mitigation measures; provided, however, that City Executive Director of Public Works Agency <br />shall release or partially release the bonds previously provided at this point to the extent that they <br />are duplicative of this new security. Any deposit shall be applied to such costs and shall be, <br />within thirty (30) days written request to Owner, supplemented to cover the actual costs incurred. <br />Except as to paragraph 9 of Exhibit C-1, City shall return any funds not spent on the offsite <br />mitigation measures referenced in Exhibit C-1 to owner within thirty (30) days, subject to City <br />accounting practices, after completion of all items referenced in Exhibit C-1 and issuance of a <br />Certificate of Occupancy for the Project. <br />4. Sections 5.8 shall be deleted its entirety. <br />Section 5.8.1 shall be amended to read as follows <br />5.8.1. Employment and Wage Provisions. <br />a. For the provision of the payment of "Prevailing" and/or "Area Standard <br />Wages" as appropriate, the Owner shall submit evidence that it has entered into a labor <br />agreement with the Los Angeles and Orange Counties Building and Construction Trades <br />Council. Said agreement shall also include provisions that encourage the referral and utilization, <br />to the extent permitted by law, of qualified residents of Santa Ana and surrounding communities <br />as journeymen, apprentices and trainees. An executed copy of the agreement shall be submitted <br />to the City prior to the issuance of building permits. <br />b. Owner and/or its contractors must (1) post all available job openings with <br />the Santa Ana Work Center and Cal JOBS (or equivalent job posting system designated by Santa <br />Ana Work Center) within 24 hours of posting of jobs and agree to consider qualified referrals <br />from Santa Ana Work Center for job openings.