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Meta Housing Corporation and City of Santa Ana <br />16-AHSC-11204 <br />Page 4 of 13 <br />WOR-B-IFE <br />8. Article XXX1V <br />The Recipient shalt submit to the Department satisfactory evidence that the requirements of <br />Article XXXIV of the California Constitution are inapplicable or have been satisfied as to the <br />Affordable Housing Developments identified in the Recipient's Program Application. <br />9. Environmental Conditions <br />The Recipient shall provide to the Department the following: <br />X All Environmental Site Assessment ("ESA"} Reports (to include Phase I, II, Ill, <br />supplemental or update assessments and reports) for the Work, in conformance with <br />ASTM Standard Practice E 1527, evaluating whether the Work Is affected by any <br />recognized environmental conditions, <br />S. Documentation and/or a certification satisfactory to the Department that all ESA Report <br />recommendations including remediation and/or mitigation work have been completed. <br />C. Mitigation requirements required as a result of the Final Environmental impact Report <br />("EIR") or Mitigated Negative Declaration if applicable and evidence satisfactory to the <br />Department that all mitigation requirements have been satisfied. <br />10. Com fiance with State and Federa Law ides Gu'det nes and aegulgtlons <br />The Recipient agrees to comply with all State and Federal laws, rules and regulations that pertain <br />to construction, health and safety, labor, fair employment practices, equal opportunity, and all <br />other matters applicable to the Work, the Recipient, its Contractors or Subcontractors, and any <br />grant activity. <br />11. Litigation <br />A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of <br />competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not <br />affect any other provisions of this Agreement and the remainder of this Agreement shall <br />remain in full force and effect, Therefore, the provisions of this Agreement are, and shall <br />be, deemed severable. <br />The Recipient shall notify the Department immediately of any claim or action undertaken <br />by or against it which affects or may affect this Agreement or the Department, and shall <br />take such action with respect to the claim or action as is consistent with the terms of this <br />Agreement and the Interests of the Department. <br />12. Milestones <br />Recipient shall ensure the completion of the designated activities within the times designated in <br />Exhibit A and sub -exhibits, Performance Milestones, and as further set forth in the Disbursement <br />Agreement. <br />AHSC — Hound iI - Grant <br />N©FA Date; 01%20/16 <br />Approved Date: 03116/17 <br />Prep. Gate: 07/20/17 <br />