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12 <br /> <br />(g) Prevailing Wage Requirements. The Developer shall notify <br />City in writing of its determination as to the applicability of the Prevailing Wage Laws to the <br />construction of the Developer Hotel Element. If the Developer determines that the Developer <br />Hotel Element is required to be constructed in accordance with the Prevailing Wage Laws, the <br />Construction Contract shall be in compliance with the prevailing wage requirements set forth in <br />the Developer Hotel Ground Lease, and the Developer shall have filed a PWC-100 form with the <br />California Department of Industrial Relations in accordance with the Prevailing Wage Laws. <br />(h) Project Labor Agreement. The Developer shall have <br />entered into a Project Labor Agreement in the form required in Section 6.1.7 of the Developer <br />Hotel Ground Lease. <br />(i) Labor Peace Agreement. The Developer shall have <br />submitted to the City an executed Labor Peace Agreement in the form required by Section 5.4 of <br />the Developer Hotel Ground Lease. <br />(j) Insurance. The Developer shall have submitted to the City <br />and the City shall have approved the Developer’s evidence of the liability insurance required <br />pursuant to Section 8 of the Developer Hotel Ground Lease. <br />(k) Bonds and Security. The Developer shall have submitted <br />to the City payment and performance bonds or alternate security in the form required by Section <br />6.1.8.1 of the Developer Hotel Ground Lease. <br />(l) Permits for Horizontal Improvements. Applicable permits <br />for Horizontal Improvements, as defined in the Scope of Development, including grading, <br />encroachment and demolition Permits for the Developer Hotel Element, shall have been issued <br />by the City or shall be ready to be issued subject only to the payment of applicable fees, the <br />posting of required security, or both. <br />(m) Construction to Commence. The City shall be reasonably <br />satisfied that construction of the Horizontal Improvements for the Developer Hotel Element are <br />ready to commence not later than ninety (90) days after the Effective Date of the Developer <br />Hotel Ground Lease and thereafter shall be pursued to completion in a diligent and continuous <br />manner. <br />(n) Documents Executed. The Developer shall have duly <br />executed the Developer Hotel Ground Lease and Memorandum of Ground Lease, with signatures <br />acknowledged (as applicable), and shall have deposited them into the Escrow established for the <br />Developer Hotel Ground Lease. <br />(o) Representations and Warranties. The representations of <br />Developer contained in this Agreement shall be correct in all material respects as of the date of <br />the Developer Hotel Ground Lease Commencement as though made on and as of that date and, if <br />requested by the City, the City shall have received a certificate to that effect signed by <br />Developer.