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b. An obligation on the part of the City to make Incentive Payments <br />contingent upon compliance by the Owner with the Operating <br />Covenant Agreement. <br />C. An obligation on the part of the Owner to comply with the Prevailing <br />Wage Statutes. <br />d. An obligation on the part of the Owner to use good faith efforts to <br />hire local residents and contract with local subcontractors, suppliers <br />and other businesses. <br />e. An obligation on the part of the Owner to ensure that all <br />journeymen and apprentices comply with all State labor laws and <br />that the workforce on site meet a specific ratio of apprenticeship <br />program graduates and of OSHA certified workers, along with the <br />presence of at least one site safety manager with OSHA 30 -hour <br />certification. <br />f. Indemnities by the Owner in favor of the City and related parties as <br />to: <br />i. the condition of the site; <br />ii. litigation concerning entitlements and /or enforceability <br />of the Operating Covenant Agreement; and <br />iii. Prevailing Wage Statutes. <br />g. Agreement, assumption of risk and waiver by the Owner that, if the <br />Operating .Covenant Agreement is approved by the City prior to <br />consideration by the City of any land use, entering into the <br />Operating Covenant Agreement does not commit the City to <br />consider or undertake acts or activities requiring subsequent <br />independent exercise of discretion, including, but not limited to, the <br />approval of any development proposal, including a Hotel project, or <br />land use approval governing the site where the Hotel is proposed. <br />The Owner shall agree that the City retains discretion on potential <br />future actions to approve, deny, modify, and consider alternatives <br />to a proposed project, as well as to impose adequate mitigation <br />measures as may be required by the California Environmental <br />Quality Act. <br />h. A covenant and agreement by the Owner for itself, its successors, <br />assigns or designees, that during the term of the Operating <br />Covenant Agreement the business and any of its employees shall <br />not discriminate against any person on the basis of sex, marital <br />status, race, color, religion, ancestry, national origin, physical <br />handicap, sexual orientation, or domestic partnership status. <br />Resolution No. 2016 - <br />55A-57 <br />