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Agmt 2014 Hello Housing
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Agmt 2014 Hello Housing
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Last modified
3/19/2014 4:05:55 PM
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3/19/2014 3:44:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/11/2014
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PERM
Document Relationships
Inst 2014050687
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Inst 2014050688
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Inst 2014132612
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Reso 2014-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2014
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surety bond in sufficient form and amount;or(c)provide other assurance satisfactory to City that the <br /> claim of lien or stop notice will be paid or discharged. <br /> 2.13 Construction Pursuant to Plans; Compliance with Laws; Prevailing Wages. The <br /> provisions of this Section 2.14 shall apply following Borrower's acquisition of the Property: <br /> (a) Borrower shall construct the Project in conformance with the plans and specifications <br /> approved by the City. <br /> (b) Borrower shall cause all work performed in connection with the Project to be <br /> performed in compliance with all applicable laws,ordinances,rules and regulations of federal,state, <br /> regional and local agencies now in force or that may be enacted hereafter, including without <br /> limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon <br /> Act (40 USC 3141-3148) and implementing rules and regulations (collectively "Davis-Bacon"), <br /> pursuant to Section 4.2(12),and state prevailing wages pursuant to Labor Code Section 1770 et seq., <br /> and the regulations adopted pursuant thereto ("State Prevailing Wage Laws"). <br /> (c) Borrower shall indemnify, hold harmless and defend (with counsel reasonably <br /> acceptable to the City) the City against any claim for damages, compensation, fines, penalties or <br /> other amounts(including attorney's fees)arising out of the failure or alleged failure of any person or . <br /> entity(including the Borrower,its contractor and subcontractors)to comply with all applicable laws <br /> in connection with the construction ancVor operation of the Project, including without limitation,any <br /> failure to pay prevailing wages as determined pursuant to the prevailing wage provisions of the <br /> Davis-Bacon Act and State Prevailing Wage Laws in connection with the construction of the Project <br /> or any other work undertaken or in connection with the Property. The requirements in this <br /> Subsection shall survive repayment of the Loan and the reconveyance of the Deed of Trust. <br /> 2.14 Hazardous Materials. The provisions of this Section 2.14 shall apply following <br /> Borrower's acquisition of the Property: <br /> (a) Borrower's Obligations. Borrower hereby covenants and agrees that: <br /> (I) Borrower shall not knowingly permit the Property or any portion thereof to be a <br /> site for the use,generation,treatment,manufacture,storage,disposal or transportation of Hazardous <br /> Material (as defined in Section 2.14(c)(i) of this Agreement) or otherwise knowingly permit the <br /> presence or release of Hazardous Material in, on, under, about or from the Property with the <br /> exception of limited amounts of cleaning supplies and other materials customarily used in <br /> construction, rehabilitation, use or maintenance of residential properties similar in nature to the <br /> Property and any commercial uses developed as part of the Project,and used,stored and disposed of <br /> in compliance with Environmental Laws (as defined in Section 2.14(c)(ii) of this Agreement). <br /> (2) Borrower shall keep and maintain the Property and each portion thereof in <br /> compliance with,and shall not cause or permit the Project or the Property or any portion of either to <br /> be in violation of, any Environmental Laws. <br /> (3)Upon receiving actual knowledge of the same, Borrower shall immediately advise <br /> City in writing of: (i)any and all enforcement,cleanup,removal or other governmental or regulatory <br /> actions instituted, completed or threatened against the Borrower, or the Property pursuant to any <br /> 2220130.1 Page 10 <br />
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