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and City shall perform all of their obligations hereunder within the times established therefore in the
<br />Schedule of Performance.
<br />305. Cost of Construction. Except to the extent otherwise expressly set forth in this
<br />Agreement, all of the cost of the planning, designing, developing and constructing all of the
<br />Improvements, including preparation of the Property and grading, shall be borne solely by the
<br />Developer.
<br />306. Reserved.
<br />307. Completion of Project. Developer shall commence and diligently proceed with
<br />development of the Project. In any event, Developer shall complete the Project not later than the date
<br />established therefor in the Schedule of Performance unless extended by agreement of Agency, City
<br />and Developer.
<br />308. Rights of Access. For purposes of assuring compliance with this Agreement,
<br />representatives of the City and Agency shall have the right of access to the Property, without charges
<br />or fees, at normal construction hours during the period of construction for the purposes of this
<br />Agreement, including but not limited to, the inspection of the work being performed in constructing
<br />the Improvements so long as such City and Agency representatives comply with all safety rules. The
<br />City and Agency (or their representatives) shall, except in emergency situations, notify the Developer
<br />prior to exercising their rights pursuant to this Section 308.
<br />309. Compliance With Laws. The Developer shall carryout the design and construction
<br />of the Improvements in conformity with all applicable laws, including all applicable federal and state
<br />labor standards, the City zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, and all other provisions of the City of Santa Ana Municipal Code, and all applicable
<br />disabled and handicapped access requirements, including without limitation the Americans With
<br />Disabilities Act. 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq,
<br />Government Code Section 11135, et seq., the Unruh Civil Rights Act, Civil Code Sections 51, et
<br />seq., and any other applicable Governmental Requirements.
<br />309.1 Prevailing Wage Requirements. Developer shall carry out the
<br />construction through completion of the Improvements and the overall development of the Property in
<br />conformity with all applicable federal, state and local labor laws and regulations, including, without
<br />limitation, as applicable, the requirements to pay prevailing wages under federal law (the
<br />Davis-Bacon Act, 40 U.S.C. Section 3141, et seq., and the regulations promulgated thereunder set
<br />forth at 29 CFR Part 1 (collectively, "Davis-Bacon")) and California law (Labor Code Section 1720,
<br />et seq.). The applicability of federal, state and local prevailing wage laws will be determined based
<br />upon the final financing structure and sources of funding of the Project, as approved by Executive
<br />Director pursuant to Section 311, et seq.
<br />Developer shall be solely responsible, expressly or impliedly, for determining and
<br />effectuating compliance with all applicable federal, state and local public works requirements,
<br />prevailing wage laws, labor laws and standards, and neither Agency nor City makes any
<br />representation, either legally and/or financially, as to the applicability or non-applicability of any
<br />federal, state and local laws to the Project, either onsite or offsite. Developer expressly, knowingly
<br />and voluntarily acknowledges and agrees that neither Agency nor City has previously represented to
<br />Developer or to any representative, agent or affiliate of Developer, or its General Contractor or any
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