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shall provide Owner with all monies then present in the City Local Drainage Area III to an
<br />amount equal to the City's Share minus the Offset Amount. Should their be insufficient funds in
<br />the Local Drainage Area III account to equal the City's Share minus the Offset Amount, then the
<br />City shall, within sixty (60) days of the conclusion of each fiscal year, forward all sums in the City
<br />Local Drainage Area III to Owner until the Owner has been reimbursed the City's Share minus the
<br />Offset Amount; provided, however, that the entire amount of the City's Share minus the Offset
<br />Amount shall be provided to Owner no later than sixty (60) days following the end of the two (2)
<br />full fiscal years from the date upon which the City accepts the off-site storm drain, as set forth in
<br />the Storm Drain Locational Plan, into the City's storm drain system. Thereafter, payments into
<br />the Local Drainage Area III account shall be directly used to re-pay the estimated $205,899 in
<br />Owner Offset Amount.
<br /> · 5.11 .M0rat~oriu.ms. M~rato,riums enacted by the City for the public health,
<br />~afet~','an~l ~Iffife, .which ~re in'posed ~n the Property or Project, shall toll the time pe/-iods set.
<br />forth in this Agreement.
<br />
<br /> 5.12 City to Receive Construction Contract Documents. Owner shall furnish
<br />City, upon written request, copies of any public facilities construction contracts and supporting
<br />documents relating to the off-site storm drain.
<br />
<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.
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<br /> 5.14 Compliance With Governmental Requirements. Owner shall carry 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, the City, or any other political subdivision in which the
<br />Property is located, and of any other political subdivision, agency, or instrumentality exercising
<br />jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and
<br />local occupation, safety and health laws, rules., regulations and standards, applicable state and
<br />labor standards, ~pplicable~prevailing wage requirements, the City zoning and dev~16~ment
<br />standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as
<br />they apply to the Property and the Project, and all other provisions of the City and its Municipal
<br />Code (as they apply to the Property and the 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. ("Governmental Requirements"). Owner explicitly acknowledges that
<br />construction of the off-site storm drain required pursuant to the Storm Drain Locational Plan shall
<br />be subject to the requirement that Owner pay "prevailing wage" rates pursuant to Labor Code
<br />section 1720 et seq., and that this standard shall constitute one of the Governmental
<br />Requirements.
<br />
<br />6. ANNUAL REVIEW.
<br />
<br />6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
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<br />10
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