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286 <br /> <br />rules, regulations, orders, and decrees of the United States, the State of California, the County of <br />Orange, the City, or any other political subdivision in which the Property is located, and of any <br />other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the <br />Owner or the Property, including alt applicable federal, state, and local occupation, safety and <br />health laws, rules, regulations and standards, applicable state and labor standards, applicable <br />prevailing wage requirements, the City zoning and development standards, City permits and <br />approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and <br />the Project, and all other provisions of the City and its Municipal Code (as they apply to the <br />Property and the Project), and all applicable disabled and handicapped access requirements, <br />including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., <br />Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. <br />("Governmental Requirements"). <br /> <br />6. ANNUAL REVIEW. <br /> <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 /> <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. <br /> <br /> 6.3 Failure of Periodic Review. City's failure to review at least annually <br />Owner's compliance with the terms and conditions of this Agreement shall not constitute or be <br />asserted by any party as a breach of the Agreement by Owner or City. <br /> <br />7. DEFAULT. <br /> <br /> 7.1 Events of Default. Property Owner is in default under this Agreement <br />upon the happening of one or more of the following events or conditions: <br /> <br /> (1) If a warranty, representation, or statement made or furnished by <br />Property Owner to the City is false or proves to have been false in any material respect when it <br />was made; <br /> <br />(2) Failure to comply with Governmental Requirements. <br /> <br />7.2 ProcedUre upon Default. <br /> <br />(1) Upon the occurrence of default, City shall give Property Owner <br /> <br />13./12/99 3.1:44 AM <br /> <br />8 <br /> <br /> <br />