Laserfiche WebLink
239 <br /> <br />Agreement. <br /> <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, roles, 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 <br />the Property is located, and of any other political subdivision, agency, or instrumentality <br />exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, <br />state, and local occupation, safety and health laws, rules, regulations and standards, applicable <br />st,ate and labor standards, applicable prevailing wage requirements, the City zoning and <br />development standards, City permits and approvals, building, plumbing, mechanical and <br />electrical codes, as they apply to the Property and the Project, and all other provisions of the City <br />and its Municipal Code (as they apply to the Property and the Project), 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 Unmh <br />Civil Rights Act, Civil Code § 51 et seq. ("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 O~vner (the "Letter") stating that based npon information known or made known to the City <br />Council, the City Planning Commission and/or the Executive Director of the City Planning and <br />Building Agency, the Agreement remains in effect and Owner is not in default. Owner may <br />record the Letter in the Official 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 />9 <br /> <br /> <br />