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65D - 3RD AND BROADWAY AD HOC
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02/21/2017
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65D - 3RD AND BROADWAY AD HOC
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Last modified
2/17/2017 8:54:48 AM
Creation date
2/16/2017 5:52:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
65D
Date
2/21/2017
Destruction Year
2022
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connection with the obligation to comply with all laws with respect to the construction of the <br />Project, including, without limitation, all applicable federal and state labor laws and standards, <br />4.8 Rigbia of Access during Construction. For the purposes of assuring compliance with this <br />Agreement, representatives of the City shall have the reasonable right of access to the City <br />Property without charges or fees, at normal construction hours during the period of construction <br />and development for the purposes of this Agreement, including, but not limited to, the inspection <br />of the work being performed in constructing and developing the improvements. Nothing <br />contained in this Section 4.8 shall be, or be deemed to be, a limitation of the rights of the City, <br />under its regulatory authority, to access the City Property and inspect the City Property or the <br />improvements being constructed thereon. <br />4.9 Anti -Discrimination. The Developer, for itself and its successors and assigns, agrees that <br />in the construction and development of improvements on the Project Site as provided for in this <br />Agreement, the Developer will not discriminate against any employee or applicant for <br />employment on account of any basis listed in subdivision (a) or (d) of Section 12955 of the <br />Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and <br />paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, <br />4.10 Certificate of CoMpleti , Upon the completion of the construction and development of <br />any portion of the Project, the Developer shall send a written request to the City and the City <br />shall furnish the Developer with a Certificate of Completion for such work, in a form suitable for <br />recording in the Official Records of Orange County, California. A Certificate of Completion is <br />not a Certificate of Occupancy as may be issued by the City. <br />The Certificate of Completion shall be, and shall so state, conclusive determination of <br />satisfactory completion of the construction and development work to be completed on that <br />portion of City Property, as required by this Agreement. The City shall not unreasonably <br />withhold the Certificate of Completion. If the City refirses or fails to furnish a Certificate of <br />Completion for any portion of the City Property after written request from the Developer, the <br />City shall provide the Developer with a written statement of the reasons the City refused or failed <br />to furnish a Certificate of Completion, The statement shall also contain the City's opinion of the <br />action the Developer must take to obtain a Certificate of Completion. If the reason for such <br />refusal is confined to the immediate unavailability of specific items or materials for landscaping <br />or monuments not a pail of a structure, the City may issue its Certificate of Completion upon the <br />posting of a bond by the Developer in an amount representing a fair value of the work not yet <br />completed. <br />After recording of a Certificate of Completion, any party then owning or thereafter leasing, <br />subleasing, or otherwise acquiring any interest in that portion of the City Property covered by a <br />Certificate of Completion shall not (because of sucl-i lease, sublease or acquisition) incur any <br />obligation or liability under this Agreement. <br />A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of <br />any obligation by the Developer to any holder of a mortgage or any insurer of a mortgage <br />5 5394.00000\29008220.1 65D-28 <br />
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