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2890662.3 11 <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. Until the expiration of the term of the Regulatory <br />Agreement and full repayment of the 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 City the amount necessary to satisfy such lien or <br />claim pending resolution thereof. The City may use such deposit to satisfy any claim or lien that <br />is adversely determined against Developer. Developer shall file a valid notice of cessation or <br />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 deliver to <br />the City copies of payment bond(s) and performance bond(s) issued by a reputable insurance <br />company licensed to do business in California, each in a penal sum of not less than one hundred <br />percent (100%) of the scheduled cost of construction of the Project. <br />(b) In lieu of such performance and payment bonds, Developer may submit evidence <br />satisfactory to the City of the Developer's ability to commence and complete construction of the <br />Project in the form of an irrevocable letter of credit, pledge of cash deposit, certificate of deposit, <br />or other marketable securities held by a broker or other financial institution, with signature <br />authority of the City required for any withdrawal, or a completion guaranty in a form and from a <br />guarantor acceptable to City. Such evidence must be submitted in approvable form in sufficient <br />time to allow the City to review and approve the information within prior to the scheduled <br />construction start date. <br />33