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<br />minus the Offset Amount; provided, however, that the entire amount of the City's Share minus
<br />the Offset Amount shall be provided to Owner no later than sixty (60) days following the end of
<br />the two (2) full fiscal years from the date upon which the City accepts the off site storm drain, as
<br />set forth in the Storm Drain Locational Plan, into the City's storm drain system. Thereafter,
<br />payments into the Local Drainage Area Ill account shall be directly used to re -pay the estimated
<br />$205,899 in Owner Offset Amount.
<br />5.11 Moratoriums. Moratoriums enacted by the City for the public health,
<br />safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set
<br />forth in this Agreement.
<br />. 5.12 City to Receive Construction Contract Documents. Owner shall
<br />furnish City, upon written request, copies of any public facilities construction contracts and
<br />supporting documents relating to the off site storm drain.
<br />5.13 Conditions of Discretionary Approvals_ The requirements unposed 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 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
<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 />state 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 Unruh
<br />Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements."). Owner explicitly
<br />acknowledges that construction of the off site storm drain required pursuant to the Storm Drain
<br />Locational Plan shall be subject to the requirement that Owner pay "prevailing wage" rates
<br />pursuant to Labor Code section 1720 et seq., and that this standard shall constitute one of the
<br />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
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