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3.18 Compliance with Laws. Developer shall carry out and shall cause its contractors <br />to carry out the construction of the Project in conformity with all applicable federal, state and <br />local laws, rules, ordinances and regulations, including without limitation, all applicable federal <br />and state labor laws and standards, applicable provisions of the California Public Contracts <br />Code, the City zoning and development standards, building, plumbing, mechanical and electrical <br />codes, all other provisions of the City's Municipal Code, and all applicable disabled and <br />handicapped access requirements, including without limitation, the Americans with Disabilities <br />Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government <br />Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.. <br />3.19 Liens and Stop Notices. Following Developer's acquisition of the Ground <br />Leasehold Interest, until the expiration of the term of the Regulatory Agreement and full <br />repayment of the City Loan and HOME Loan, Developer shall not allow to be placed on the <br />Property or any part thereof any lien or stop notice on account of materials supplied to or labor <br />performed on behalf of Developer. If a claim of a lien or stop notice is given or recorded <br />affecting the Project, Developer shall within thirty (30) days of such recording or service: (a) <br />pay and discharge (or cause to be paid and discharged) the same; or (b) effect the release thereof <br />by recording and delivering (or causing to be recorded and delivered) to the party entitled thereto <br />a surety bond in sufficient form and amount or provide other assurance satisfactory to City that <br />the claim of lien or stop notice will be paid or discharged. <br />3.20 Right of City to Satisfy Liens on the Property. If Developer fails to satisfy or <br />discharge any lien or stop notice on the Property pursuant to Section 3.19 above, the City shall <br />have the right, but not the obligation, to satisfy any such liens or stop notices at Developer’s <br />expense and without further notice to Developer. In such event Developer shall be liable for and <br />shall immediately reimburse City for such paid lien or stop notice. Alternatively, the City may <br />require Developer to immediately deposit with the City the amount necessary to satisfy such lien <br />or claim pending resolution thereof. The City may use such deposit to satisfy any claim or lien <br />that is adversely determined against Developer. Developer shall file a valid notice of cessation <br />or notice of completion upon cessation of construction of the Improvements for a continuous <br />period of thirty (30) days or more, and shall take all other reasonable steps to forestall the <br />assertion of claims or liens against the Property or the Improvements. The City may (but has no <br />obligation to) record any notices of completion or cessation of labor, or any other notice that the <br />City deems necessary or desirable to protect its interest in the Property and the Improvements. <br />3.21 Insurance Requirements. Developer shall maintain and shall cause its contractors <br />to maintain all applicable insurance coverage specified in Article XI. <br />3.22 Performance and Payment Bond(s). <br />(a) Prior to commencement of construction of the Project, Developer shall <br />deliver to the City copies of payment bond(s) and performance bond(s) issued by a reputable <br />insurance company licensed to do business in California, each in a penal sum of not less than one <br />hundred percent (100%) of the scheduled cost of construction of the Project. The bonds shall <br />name the City as obligee. <br />144\259\1892880.4 <br />10