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the Site attributable to periods subsequent to Closing for such Phase, subject to the Developer's
<br />right to contest in good faith any such taxes. Following the Closing for any Phase, the Developer
<br />.shall remove or have r mo d any levy or attachment made on any Phase of the Site or any part
<br />thereof, or assure the satisfaction thereof within a reasonable time. The Developer may apply for
<br />property tax abatement from the payment of all property taxes or assessments during the period
<br />of i is ownership on an y i n teres t i n or to t he S i to or a n y p art thereof.
<br />11. Compliance with Laws. The Developer shall carry out the design, cons true ti on,
<br />development and operation of the Developer Improvements In confonmity with all applicable
<br />laws, including all applicable state labor standards, City zoning and development ,standards,
<br />building, plumbing, mechanical and electrical codes, and all other provisions of the City
<br />Municipal Code, and all applicable disabled and handicapped access requirements, including
<br />withou t limitation the Americ ans Wi th Di s abl litres Act, 42 U. S. C. S ee do n 12 10 1, e t seq.,
<br />Government Code Section 4450, et seq., Government Code Section 11135, el seq., and the
<br />Unruh Civil Rights Act, Civil Code Section 1, etseq., and any other applicable
<br />Governmental Requirements.
<br />11.1 Prevailing Wage Laws. Developer shall carry out the construction
<br />through completion of the Project and the overall development of the i to in conformity with a1 l
<br />applicable federal, state and local labor laws and regulations, including, without limitation, if
<br />applicable, the requirements to pay prevailing wages under federal law the Davis-Bacon Act,
<br />40 U.S.C. Section 3141, et seq., and the regulations promulgated thereunder set forth at 29 C.FR
<br />Part 1 (collectively, "Davis-Bacon")) and California law (Luber Code Section 1720, et seq.).
<br />Notwiffistanding the foregoing, a the Agency hereby acknowledges and agrees that no thing in
<br />this Agreement or any of the documents entered into by the Agency and the Developer in
<br />connection with the transactions contemplated by this Agreement) is intended to impose on the
<br />Developer, contractually or otherwise, tie obligation to pay prevailing wages under federal, state
<br />or local law, and b the Agency hereby represents and warrants to the Developer, its successors
<br />and assigns, that all funds used by the Agency in connection with this Agreement and the
<br />transactions contemplated hereby, including, without limitation, funds used and to be used by the
<br />Agency to acquire each and every component of the Site, funds used and to be used to pay for
<br />relocation and demolition of existing improvements on the Site, funds used and to he used to
<br />fund the Agency Loans and funds used and to he used to fund Hornehufirer Assistance Loans,
<br />solely constitute moneys from a Low and Moderate Income Housing Fund established pursuant
<br />to Section 33334.3 of the Calif omia Health and Safety Code, all within the. meaning of
<br />Section 1720(c)(4) of the California Daher Code. The Agency understands and agrees that the
<br />Developer w ill materially rely on the foregoing warranties in its determination as to whether
<br />prevailing wages are required pursuant to California law or Davis-Bacon. The parties
<br />acknowledge that a financinar structure u tili in g certain federal and/or state funding sources and
<br />financing scenarios not otherwise identified herein may trigger compliance with applicable state
<br />and federal prevailing wage lags and regulations. The applicability of federal, state and Deal
<br />prevailing wage laws will be determined based upon the final financing structure and sources of
<br />funding of the Project, as approved by the Agency Executive Director.
<br />The Developer shall he solely responsible, expressly or impliedly and legally and
<br />financially, for determining and effectuating compliance with all applicable federal, state and
<br />local public works requirements, prevailing wage laws, labor lags and standards, and, except as
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