Commercial_Loan_Agreement_Between_City_of_SL_&_EJU CO_INC.

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5 corrected, and no condition under the Lease or on the Premises violates any Applicable Law. Contractor shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to all contractors and subcontractors in the completion of the project as determined by the California Department of Industrial Relations pursuant to Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (“Prevailing Wage Laws”}. Contractor’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. ARTICLE IV AFFIRMATIVE COVENANTS 4.1 USE OF FUNDS; CONSTRUCTION SCHEDULE. Owner covenants that it shall use the Loan Proceeds solely for purpose of financing the Project in accordance with Section 2.1. Owner shall commence construction of the Project within 120 days following the Effective Date, and shall complete construction of the Project Improvements and obtain certification from the City’s Building Department in accordance with Section 4.2 no later than 250 days after the Effective Date, unless otherwise approved by City. 4.2 CONSTRUCTION PURSUANT TO PLANS; CERTIFICATION. All construction related to the Project shall be undertaken pursuant to plans and specifications approved by City and City. If requested by City, Owner agrees to place a sign (with design to be provided by City) on the Premises during construction acknowledging the City’s participation. Promptly after completion of the Project, Owner shall obtain certification from the City’s Building Department certifying that the Improvements have been completed in accordance with this Agreement. 4.3 USE AND MAINTENANCE OF THE PROPERTY. Owner may use the Premises for any uses allowed by City’s current Zoning designation for the Premises, which is CN, and Owner covenants for itself and its successors and assigns that throughout the term of the Loan, the Premises shall be used only for such purposes unless the City and City subsequently approve other uses. Owner shall keep the Premises and the Improvements in good repair and condition, and from time to time make necessary repairs, renewals and replacements thereto so that the Premises and Improvements shall be preserved and maintained. Owner agrees to keep the Premises free from litter, graffiti, peeling paint, unkempt landscaping and other unsightly features as reasonably determined by the City or by City’s Community Development Department, Economic Development Division, Building Division or other City of San Leandro department. 4.4 Reserved. 4.5 ACCOUNTING RECORDS; PROPERTY INSPECTION. Owner shall maintain accurate books and records with respect to the completion of the Project and the use of the Loan Proceeds and shall permit the City, during business hours and upon reasonable notice to inspect, audit and examine such books and records and to inspect the Premises during normal business hours upon reasonable notice. Docusign Envelope ID: 16604ABF-1E5B-4046-BDCC-4BD015B716C5