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provided, however that the fee maybe increased to $10,568.00 per unit if the Owner does not
<br />Commence Construction (as that term is defined in Section 5.2.1) during the Initial Term. This
<br />in-lieu park fee shall be paid at the same time as those fees the payment of which is currently
<br />deferred by the City pursuant to City Ordinance No. NS-2775, or any extension thereto.
<br />5.6 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Sky Lofts Project in substantial conformity with all
<br />applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
<br />States, the State of California, the County of Orange, the City, or any other political subdivision
<br />in which the Sky Loft Property is located, and of any other political subdivision, agency, or
<br />instrumentality exercising jurisdiction over the City, the Owner or the Sky Lofts Property,
<br />including all applicable federal, state, and local occupation, safety and health laws, rules,
<br />regulations and standards, applicable state and labor standards, applicable prevailing wage
<br />requirements, the City zoning and development standards, City permits and approvals, building,
<br />plumbing, mechanical and electrical codes, as they apply to the Sky Lofts Property and the Sky
<br />Lofts Project, and all other provisions of the City and its Municipal Code (as they apply to the
<br />Sky Lofts Property and the Sky Lofts Project), and all applicable disabled and handicapped
<br />access requirements, including, without the limitation, the Americans With Disability Act,
<br />42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act,
<br />Civil Code § 51 et seq. (collectively "Governmental Requirements").
<br />5.7 Covenants, Conditions, and Restrictions. Covenants, Conditions, and
<br />Restrictions (CC&R's) must be provided and approved by the Executive Director for the project
<br />prior to the issuance of the first building permit. Such CC&R's must contain at a minimum, the
<br />following:
<br />(1) Repair of perimeter walls will be specified in the CC&R's in the
<br />event of damage.
<br />(2) The CC&R's shall provide notice to prospective owners of the
<br />urban character of the City and this area, including but not limited to the
<br />permitted uses of the property and buildings in the immediate area of the
<br />development (e.g.., Main Place Regional Shopping Mall, and surrounding
<br />property within SD-59 zoned and/or devoted to commercial use), and the
<br />regional and local street grid adjacent to the Sky Lofts Project (e.g., SR-22,
<br />I-5, SR-57, Main Street, Town & Country Drive), and shall provide a
<br />release of all claims against the City which may arise from or relate to the
<br />disclosed matters.
<br />(3) The CC&R's shall reflect that balconies may not be used for
<br />storage.
<br />(4) Terms and Content:
<br />i. CC&R's are to be in effect for at least 66 years.
<br />75D-193
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