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5.13 Compliance with Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Project in substantial
<br />conformity with all applicable laws, ordinances, statutes, codes, rules,
<br />regulations, orders, and decrees of the United States, the State of
<br />California, the County of Orange, the City, or any other political
<br />subdivision in which the Property is located, and of any other political
<br />subdivision, agency, or instrumentality exercising jurisdiction over the City,
<br />Owner or the Property, including all applicable federal, state, and local
<br />occupation, safety and health laws, rules, regulations and standards,
<br />applicable state and labor standards, applicable prevailing wage
<br />requirements, the City zoning and development standards, City permits
<br />and approvals, building, plumbing, mechanical and electrical codes, as
<br />they apply to the Property and the Project, and all other provisions of the
<br />City and its Municipal Code (as they apply to the Property and the
<br />Project), and all applicable disabled and handicapped access
<br />requirements, including, without limitation, the Americans With Disability
<br />Act, 42 U.S.C. § 12101 et seq., Government Code§ 4450 et seq., and the
<br />Unruh Civil Rights Act, Civil Code§ 51 et seq. (collectively, "Governmental
<br />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 First Amended and Restated Development
<br />Agreement, review the extent of good faith substantial compliance by
<br />Owner with the terms of this First Amended and Restated Development
<br />Agreement. Pursuant to Government Code Section 65865.1, as amended,
<br />Owner shall have the duty to demonstrate by substantial evidence its good
<br />faith compliance with the terms of this First Amended and Restated
<br />Development Agreement at the periodic review.
<br />6.2 Review Letter. If Owner is found to be in compliance with this First
<br />Amended and Restated Development Agreement after annual review, City
<br />shall, upon written request by Owner, issue a Review Letter to Owner (the
<br />"Letter ") stating that based upon information known or made known to the
<br />City Council, the City Planning Commission and /or the City Planning
<br />Director, this First Amended and Restated Development Agreement
<br />remains in effect and Owner is not in default. Owner may record the Letter
<br />in the Official Records of the County of Orange.
<br />6.3 Failure to Conduct Annual Review. City's failure to review at least
<br />annually Owner's compliance with the terms and conditions of this First
<br />Amended and Restated Development Agreement shall not constitute or be
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