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<br /> thereafter, landscaped, irrigated and fenced in accordance with plans submitted by Owner and
<br /> approved by the Executive Director of the Planning and Building Agency.
<br /> 5.10 Moratoria. Moratoria eeacted by the City for the public health, safety,
<br /> and welfare, to the extent pem»tted by section 5.5., above, which are imposed on the Property or
<br /> Project, shall toll the time periods set forth in this Agreement. City shall not apply to the
<br /> Property or Project any moratoria which is adopted and which, either facially or as-applied, has
<br /> no application except to (or primarily ta) the Property or Project.
<br /> 5.11 City to Receive Contract Documents. Owner shall furnish City, upon
<br /> written request, copies of contracts and supporting documents relating to the Project.
<br /> 5.13 Conditions of Discretionary Approvals. The requirements imposed as
<br /> conditions of any discretionary approval received through the Citys existing regulatory process
<br /> shall be governed by the terms of those approvals, and in no event shall such conditions be
<br /> affected by the termination, cancellation, rescission, revocation, or default or expiration of this
<br /> Agreement.
<br /> 5.14 Compliance With Governmental Requirements. Owner shall carry out
<br /> the design, construction, and operation of the Project in substantial confomtity with all applicable
<br /> laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the
<br /> State of California, the County of Orange, and of any other political subdivision, agency, or
<br /> instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
<br /> applicable federal and state occupation, safety and health laws, rules, regulations and standards,
<br /> applicable state and labor standards, applicable prevailing wage requirements, and all applicable
<br /> disabled and handicapped access requirements, including, without the limitatioq the Americans
<br /> With Disability Act, 42 U.S.C. § 12101 et seq., Government Code §4450 et seq., and the Unruh
<br /> Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements'.
<br /> 6. ANNUAL REVIEW.
<br /> 6.1 City and Owner Responsibilities. City shall, at least every twelve {12)
<br /> months during the term of this Agreement, review the extent of good faith substantial compliance
<br /> by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as
<br /> amended, Owner shall have the duty to demonstrate by substantial evidence its good faith
<br /> compliance with the terms of the Agreement at the periodic review.
<br /> 6.2 Review Letter. If Owner is found to be in compliance with the
<br /> Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter
<br /> to Owner (the "Letter's stating that based upon information !mown or made (mown to the City
<br /> Council, the City Planning Commission and/or the City Planning Director, the Agreement
<br /> remains in effect and Owner is not in default. Owner may record the Letter in the Official
<br /> Records of the County of Orange.
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