|
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 othettivise 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
<br />development of the Project. In any event, Developer shal(;c
<br />established therefor in the Schedule of Performance unl'eS:
<br />and lleveloper.
<br />308. Rights of Access. For purpose;
<br />representatives of the City and Agency shall have t
<br />or fees, at normal construction hours during the
<br />Agreement, including but not limited t9, ,the inspe~
<br />the Improvements so long as such City au~ agency
<br />City and Agency (or their representatives) shall, ex
<br />prior to exercising their rights pursuant to"th}s Secti
<br />309. Compliance W,ifh Laws. The
<br />of tho Improvements in'cyonformity_with all apj
<br />labor standards, the Ci~?,2oning and develop
<br />electrical codes, and all othe~provisioi]s of the
<br />disabled and .handicapped aeoess=requirement
<br />11
<br />assuring
<br />ht of as
<br />od of cc
<br />in i
<br />08.
<br />~nce and diligently prroeeed with
<br />the Project not later than the date
<br />sd,by agreement of Agency, City
<br />~mpliaiice;,with this Agreement,
<br />s to the Pi op~,rty, without chargee
<br />truction for th0,.,purposes of this
<br />being perfourie~l:in constructing
<br />comply with all safety rules. The
<br />;y situations, notify the Developer
<br />pot shall, catr•yotiit the design and construction
<br />taws, itioludjng all applicable federal and state
<br />andards, builduig, plumbing, mechanical and
<br />Santa Ana Municipal Code, and all applicable
<br />ding without limitation the Americans With
<br />;Government Code Scetion 4450, et seq,
<br />Civil Rights Act, Civil Code Sections 51, et
<br />seg., and`~~hy other applicable-Governmental Requirements
<br />:09.1 Prev:tiling Wage r;Requirements. Developer shall carry out the
<br />construction through completion of the Bnprovements and the overall development of the Property in
<br />conformity with all applicable federal, state and local labor laws and regulations, including, without
<br />lihritation, as applicable, the :requirements to pay prevailing wages under federal law (the
<br />Davis-Bacon Act, 40 U`:"S.C, ~Secfion 3141, et seq., and the regulations promulgated thereunder set
<br />fw•th at 29 CFR Part 1 (colledtively, "Davis-Bacon")) and California law (Labor Code Section 1720,
<br />et seq.). The applicability of~fedcral, 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 malccs 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 aifiliatc of Developer, or its General Contractor or any
<br />12.
<br />
|