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10. Subdivider certifies that it pays employees, if such are employed, not less than the minimum wages as required <br />by law, and that it will not discriminate against any employee or applicant for employment because of race, color, <br />religion, sex or national origin. Subdivider will take affirmative action to insure that applicants are employed and that <br />employees are treated during employment without regard to their race, color, religion, sex or national origin. Such <br />action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or <br />recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, <br />including apprenticeship. The Subdivider agrees to post in conspicuous places, available to employees and applicants <br />for employment, notices as may be provided by the City setting forth the provisions of this non-discrimination clause. <br />11. If the construction of said improvements should be delayed without fault on the part of the Subdivider, the time <br />for the construction of same may be extended by the Council of the City of Santa Ana for such period of time as it shall <br />deem reasonable. <br />WITNESS THE EXECUTION HEREOF, the day and year first hereinabove written. <br />ATTEST: <br />- -TI MaariariaY)F,iui,ar, Clerk of th?,ouncil <br />APPROVED AS TO FORM: <br />City Attorne <br />r <br />CITY OF SANT <br />A municipal corl <br />Kevin <br />Manager <br />THE MARKE AT SOUTH COAST METRO, LLC, <br />a Delaware limited liability company <br />By: The Marke Partners, LLC, a Delaware limited <br />liability company, its Sole Member <br />By: The Marke Investors, LLC, a Delaware limited <br />liability company, its Sole Member <br />By: Lyon Integral MacArthur Place, LLC, a <br />Delaware limited liability company, its <br />Managing Member <br />By: Lyon Housing (MacArthur Place) XLII, LLC, <br />a Delaware limited liability company, its <br />Managing Member <br />By: <br />Name: Fr T. Suryan, Jr. <br />Title: Chairman and Pres' t <br />By: <br />t <br />ze? <br />Title: Secretary <br />Name: Michael A. Barmettler <br />Address: 4901 Birch Street <br />Newport Beach, CA 92660 <br />Page 3 of 4