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labor standards, the City zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, and all other provisions of the City of Santa Ana Municipal Code, and all applicable
<br />disabled and handicapped access requirements, including without limitation the Americans With
<br />Disabilities Act. 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq,
<br />Government Code Section 11135, et seq., the Unruh Civil Rights Act, Civil Code Sections 51, et
<br />seq., and any other applicable Governmental Requirements.
<br />309.1 Prevailing Wage Requirements. Developer shall carry out the
<br />construction through completion of the Improvements and the overall development of the Property in
<br />conformity with all applicable federal, state and local labor laws and regulations, including, without
<br />limitation, as applicable, the requirements to pay prevailing wages under federal law (the
<br />Davis-Bacon Act, 40 U.S.C. Section 3141, et seq., and the regulations promulgated thereunder set
<br />forth at 29 CFR Part 1 (collectively, "Davis-Bacon')) and California law (Labor Code Section 1720,
<br />et seq.). The applicability of federal, state and local prevailing wage laws will be determined based
<br />upon the final financing structure and sources of funding of the Project, as approved by Executive
<br />Director pursuant to Section 311, et seq.
<br />Developer shall be solely responsible, expressly or impliedly, for determining and
<br />effectuating compliance with all applicable federal, state and local public works requirements,
<br />prevailing wage laws, labor laws and standards, and neither Agency nor City makes any
<br />representation, either legally and/or financially, as to the applicability or non-applicability of any
<br />federal, state and local laws to the Project, either onsite or offsite. Developer expressly, knowingly
<br />and voluntarily acknowledges and agrees that neither Agency nor City has previously represented to
<br />Developer or to any representative, agent or affiliate of Developer, or its General Contractor or any
<br />subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call
<br />for bids or otherwise, that the work and construction undertaken pursuant to this Agreement is (or is
<br />not) a "public work," as defined in Section 1720 of the Labor Code or under Davis-Bacon.
<br />Developer knowingly and voluntarily agrees that Developer shall have the obligation
<br />to provide any and all disclosures or identifications with respect to the Project as required by Labor
<br />Code Section 1781 and/or by Davis-Bacon, as the same may be amended from time to time, or any
<br />other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal
<br />counsel acceptable to Agency and City) and hold harmless the Indemnitees, from and against any and
<br />all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable
<br />attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the
<br />development, construction (as defined by applicable law) and/or operation of the Project, including,
<br />without limitation, any and all public works (as defined by applicable law), results or arises in any
<br />way from any of the following: (i) the noncompliance by Developer with any applicable local, state
<br />and/or federal law or regulation, including, without limitation, any applicable federal and/or state
<br />labor laws or regulations (including, without limitation, if applicable, the requirement to pay state
<br />and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or
<br />of Davis-Bacon, as the same may be amended from time to time, or any other similar law or
<br />regulation; and/or (iii) failure by Developer to provide any required disclosure or identification as
<br />required by Labor Code Section 1781 and/or by Davis-Bacon, as the same may be amended from
<br />time to time, or any other similar law or regulation. It is agreed by the parties that, in connection
<br />with the development and construction (as defined by applicable law or regulation) of the Project,
<br />including, without limitation, any and all public works (as defined by applicable law or regulation),
<br />Developer shall bear all risks of payment or non-payment of prevailing wages under applicable
<br />federal, state and local law or regulation and/or the implementation of Labor Code Section 1781
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