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other federal, state, or local governmental entity having or claiming jurisdiction over the <br />Property or Project. Upon securing any and all permits, and all necessary financing and property <br />interests, Developer shall carry out and perform the development, operation, and maintenance of <br />the Project or cause the performance of the development, operation, and maintenance of the <br />Project, in conformity with all applicable federal, state, and local laws and regulations, and all <br />conditions of approval issued by the City Council and City's Planning Commission for the <br />Project. Any changes to the Project shall be reviewed by the City to determine compliance with <br />this Agreement. If any changes to the Project shall materially alter the ability of Developer to <br />comply with any terms of this Agreement in City's sole determination, then City and Developer <br />shall meet and confer to address amendments and revisions to this Agreement as necessary. <br />2.9 Relocation Prior to Development of Project. If relocation is required prior to the <br />completion of development of the Project, Developer shall have the sole and exclusive <br />responsibility for providing relocation assistance and paying all relocation costs as may be <br />required to comply with applicable federal and state laws and regulations. In addition to any <br />other indemnity provided by Developer under this Agreement, Developer shall indemnify, <br />defend (with counsel of City's choosing and the consent of Developer, which shall not be <br />unreasonably withheld, and which may be joint defense counsel upon City's and Developer's <br />consent), and hold harmless City and all of its officials, officers, employees, representatives, <br />volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and <br />damages from any third party for relocation assistance, benefits and costs prior to the completion <br />of the development of the Project. <br />2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage <br />contractors and suppliers to hire and procure locally, to the extent that it is cost effective and <br />does not delay the overall project development schedule. Prior to issuance of a Building Permit, <br />Developer shall develop and submit or cause the development and submittal to the Community <br />Development Agency (the "CDA") a local sourcing plan for the Project targeting, to the extent <br />feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods <br />locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA <br />which if not granted or denied within five (5) Business Days, shall be deemed approved (with <br />such approval not to be unreasonably withheld, conditioned or delayed) and be implemented for <br />the construction of the project prior to issuance of Building Permit. <br />2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably <br />necessary to remove any future mechanic's liens or other similar liens (including design <br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor, <br />services, or materials supplied or claimed to have been supplied to Developer or caused by, at the <br />direction of, or on behalf of Developer. Prior to the recording of this Agreement (or <br />memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the <br />Title Company of any new recordings against the Property or Project. City hereby reserves all <br />rights to post notices of non -responsibility and any other notices as may be appropriate upon a <br />filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this <br />Agreement, ,Developer shall indemnify, defend (with counsel of City's choosing and the consent <br />of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may <br />be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of <br />7 <br />9138-126780\1517029.2 <br />