|
reasonably request to further confirm or acknowledge the provisions hereof, including the
<br />expiration of the very low or lower income tenant rental period.
<br />F. This Agreement may be amended, modified, or changed by the parties hereto,
<br />City and Developer, provided that said amendment, modification, or change is in writing and
<br />approved by both parties.
<br />G. This Agreement has been entered into, is to be performed entirely within, and
<br />shall be governed by and construed in accordance with the laws of the State of California.
<br />H. Each party represents and warrants to the other the following: they have carefully
<br />read this Agreement, and in signing this Agreement, they do so with full knowledge of any right
<br />which they may have; they have received independent legal advice from their respective legal
<br />counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult
<br />legal counsel as to the matters set forth in this Agreement; and, they have freely signed this
<br />Agreement without any reliance upon any agreement, promise, statement or representation by or
<br />on behalf of the other party, or their respective agents, employees, or attorneys, except as
<br />specifically set forth in this Agreement, and without duress or coercion, whether economic or
<br />otherwise.
<br />I. No member, official or employee of the City shall have any personal interest, direct
<br />or indirect, in this Agreement, nor shall any such member, official or employee participate in any
<br />decision relating to the Agreement which affects his or her personal interests or the interests of any
<br />corporation, partnership or association in which he or she is, directly or indirectly, interested.
<br />J. Except as set forth expressly herein, the Developer shall carry out the design and
<br />construction of the Project in conformity with all applicable laws, including all applicable 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
<br />applicable disabled and handicapped access requirements, including without limitation the
<br />Americans With Disabilities Act. 42 U.S.C. section 12101, et seq., Government Code section
<br />4450, etseq.
<br />K, During the time of Developer's ownership of the Property, the Developer shall
<br />maintain the Property and all improvements thereon, including all landscaping, in compliance
<br />with the terms of all applicable provisions of the City of Santa Ana Municipal Code,
<br />L. In performing its obligations under this Agreement, Developer shall not
<br />discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age,
<br />national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
<br />recruitment, selection, training, utilization, promotion, termination or other related activities.
<br />Developer affirms that it is an equal opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations
<br />-7-
<br />60E-11
<br />
|