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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 enacted by the City for the public health,safety,
<br /> and welfare, to the extent permitted by section S.S.,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 to)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 City's 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 cant'out
<br /> the design,construction, and operation of the Project in substantial conformity 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 limitation, 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')stating that based upon information known or made known 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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