Laserfiche WebLink
309. Compliance With Laws. The Developer shall carry out the design and <br />construction of the Improvements in conformity with all applicable laws, including all applicable <br />state labor standards, the City zoning and development standards, building, plumbing, <br />mechanical and electrical codes, and all other provisions of the City of Santa Ana Municipal <br />Code, and all applicable disabled and handicapped access requirements, including without <br />limitation the Americans With Disabilities Act. 42 U.S.C. Section 12101, et seq., Government <br />Code Section 4450, et seq <br />309.1 Taxes and Assessments. Following the Closing, the Developer shall pay <br />prior to delinquency all ad valorem real estate taxes and assessments on the Sites, subject to the <br />Developer's right to contest in good faith any such taxes. The Developer shall remove or have <br />removed any levy or attachment made on any of the Sites or any part thereof, or assure the <br />satisfaction thereof within a reasonable time. The Developer shall not apply for or receive any <br />exemption from the payment of property taxes or assessments on any interest in or to the Sites or <br />the Improvements. <br />309.2 Liens and Stop Notices. The Developer shall not allow to be placed on <br />the Sites or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or <br />recorded affecting the Improvements the Developer shall within thirty (30) days of such <br />recording or service or within five (5) days of the Agency's demand whichever last occurs: <br />a. pay and discharge the same; or <br />b. affect the release thereof by recording and delivering to the Agency a <br />surety bond in sufficient form and amount, or otherwise; or <br />c. provide the Agency with other assurance which the Agency deems, in its <br />sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the <br />full and continuous protection of Agency from the effect of such lien or bonded stop notice. <br />309.3 Prevailing Wage Requirements. Pursuant to Labor Code section 1720 <br />(c)(4), the construction or rehabilitation of affordable housing units for Low- or <br />moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section <br />33334.2 of the Health and Safety Code that are paid for solely with moneys from a Low <br />and Moderate Income Housing Fund established pursuant to Section 33334.3 of the <br />Health and Safety Code do not constitute a project that is paid for in whole or in part out <br />of public funds for which prevailing wage must be paid. The Agency hereby warrants <br />and represents that (i) the Sites were acquired by Agency solely with moneys from a Low <br />and Moderate Income Housing Fund established pursuant to Section 33334.3 of the <br />Health and Safety Code, and (ii) Agency shall pay for all costs and expenses arising out <br />of this Agreement and under the Agency Loan solely with moneys from a Low and <br />Moderate Income Housing Fund established pursuant Section 33334.3 of the Health and <br />Safety Code. Further, Labor Code section 1720 (b)(6)(E) provides another exemption <br />from prevailing wage law. Should a determination be made that this project is not <br />600457905v2 3 233 <br />