Agency or the <strong>City</strong> at any time without the consent <strong>of</strong> Developer. 4.5 Successors and Assigns. All <strong>of</strong> the terms, covenants and conditions <strong>of</strong> the Agreement shall be binding upon Developer, Agency and their permitted successors and assigns. Whenever the term “Developer” or “Agency” is used in the Agreement, such term shall include any other permitted successors and assigns as herein provided. Section 5. Compliance With Laws. Developer shall carry out the design and construction <strong>of</strong> the Developer Improvements and the Initial Sales in conformity with all applicable laws, including all applicable state labor standards, the <strong>City</strong> zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions <strong>of</strong> the <strong>City</strong> <strong>of</strong> Agency Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 5.1 Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because <strong>of</strong> race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII <strong>of</strong> the Civil Rights Act <strong>of</strong> 1964, 42 U.S.C. Section 2000, et seq., the Federal Equal Pay Act <strong>of</strong> 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment Act <strong>of</strong> 1967, 29 U.S.C. Section 621, et seq., the Immigration Reform and Control Act <strong>of</strong> 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other antidiscrimination laws and regulations <strong>of</strong> the United States and the State <strong>of</strong> California as they now exist or may hereafter be amended. Developer shall allow representatives <strong>of</strong> Agency access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by Agency. 5.2 Levies and Attachments on Site. Developer shall remove or have removed any levy or attachment made on any <strong>of</strong> the Site or any part there<strong>of</strong>, or assure the satisfaction there<strong>of</strong> within a reasonable time. Nothing herein shall be deemed to prohibit Developer from contesting the validity or amount <strong>of</strong> any levy or attachment nor to limit the remedies available to Developer with respect thereto. 5.3 Mechanics Liens and Stop Notices. Developer shall remove or have removed any mechanics lien or stop notice made on any <strong>of</strong> the Site or any part there<strong>of</strong>, or assure the satisfaction there<strong>of</strong> as provided herein. If a claim <strong>of</strong> a lien or stop notice is given or recorded affecting the Developer Improvements, Developer shall within thirty (30) days <strong>of</strong> such recording or service or within five (5) days <strong>of</strong> Agency's demand whichever last Attachment No. 3 - Page 5
occurs: a. pay and discharge the same; or b. affect the release there<strong>of</strong> by recording and delivering to Agency a surety bond in sufficient form and amount, or otherwise; or c. provide Agency with other assurance which Agency deems, in its reasonable discretion, to be satisfactory for the payment <strong>of</strong> such lien or bonded stop notice and for the full and continuous protection <strong>of</strong> Agency from the effect <strong>of</strong> such lien or bonded stop notice. Attachment No. 3 - Page 6
- Page 1 and 2:
DISPOSITION AND DEVELOPMENT AGREEME
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400. DEVELOPMENT OF THE SITE. .....
- Page 5 and 6:
804. Assignment by Agency. ........
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DISPOSITION AND DEVELOPMENT AGREEME
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for the applicable Anaheim’s Home
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(vii) One Hundred Forty-Four Thousa
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“Developer’s Due Diligence Peri
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(Carpenter-Presley-Tanner Hazardous
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“Notice” shall mean a notice in
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all, of the Tract Map, and (iii) co
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DIFFICULT TO ESTIMATE OR FIX THE AM
- Page 23 and 24: Until the Closing, Developer shall,
- Page 25 and 26: In the event that Developer deliver
- Page 27 and 28: ownership or operation of the Site,
- Page 29 and 30: (B) The Parties to the Escrow joint
- Page 31 and 32: Agency’s ten (10) day election pe
- Page 33 and 34: (v) Execution of Documents. Develop
- Page 35 and 36: the Escrow and this Agreement. If e
- Page 37 and 38: h. Detailed schedule of interior an
- Page 39 and 40: and the Site. Agency staff will wor
- Page 41 and 42: 408. Financing of the Developer Imp
- Page 43 and 44: Improvements, or any portion thereo
- Page 45 and 46: the time periods set forth in Secti
- Page 47 and 48: c. Clean-up maintenance shall inclu
- Page 49 and 50: (A) Recordation of Declaration of C
- Page 51 and 52: calculated. 505. Effect of Violatio
- Page 53 and 54: Developer and Agency covering loss
- Page 55 and 56: 601.8 Obligation to Repair and Rest
- Page 57 and 58: (b) one or more of Agency’s Condi
- Page 59 and 60: commenced by Developer against Agen
- Page 61 and 62: 805. Successors and Assigns. All of
- Page 63 and 64: 906. Counterparts. This Agreement m
- Page 65 and 66: “A general release does not exten
- Page 67 and 68: State of California ) ) ss. County
- Page 69 and 70: ATTACHMENT NO. 2 LEGAL DESCRIPTIONS
- Page 71 and 72: terms, conditions, provisions and c
- Page 73: set forth in Section 704 of the Agr
- Page 77 and 78: State of California ) ) ss. County
- Page 79 and 80: ATTACHMENT NO. 4 PROJECTED CLOSING
- Page 81 and 82: 2.1 Insurance. Brookfield shall sec
- Page 83 and 84: California Health and Safety Code,
- Page 85 and 86: John E. Woodhead, Assistant City At
- Page 87 and 88: IN WITNESS WHEREOF, the Parties hav
- Page 89 and 90: EXHIBIT A MAP (to be provided; to d
- Page 91 and 92: Section 3. Nondiscrimination. Grant
- Page 93 and 94: performed, kept, or observed by Gra
- Page 95 and 96: ATTACHMENT NO. 7 SCHEDULE OF PERFOR
- Page 97 and 98: ATTACHMENT NO. 9 RELEASE OF CONSTRU
- Page 99 and 100: IN WITNESS WHEREOF, AGENCY HAS EXEC
- Page 101 and 102: ATTACHMENT NO. 10 DECLARATION OF CO
- Page 103 and 104: C. In accordance with Section of th
- Page 105 and 106: EXHIBIT A TO ATTACHMENT NO. 11 A LE
- Page 107 and 108: C. In accordance with Section of th
- Page 109 and 110: EXHIBIT A TO ATTACHMENT NO. 11 B LE
- Page 111 and 112: (defined in (iv) below), provided,
- Page 113 and 114: and Option Prices are charged (but
- Page 115 and 116: 3. Agency may one (1) time within s
- Page 117 and 118: EXHIBIT 2 TO ATTACHMENT NO. 12 TO A
- Page 119: Plumbing Fixtures HVAC Electrical &
Change language