|
<br />8
<br />
<br />8
<br />
<br />8
<br />
<br />thereafter, landscaped, irrigated and fenced in accordance with plans submitted by Owner and
<br />approved by the Executive Director of the Planning and Building Agency.
<br />
<br />5.10 Moratoria. Moratoria enacted by the City for the public health, safety,
<br />and welfare, to the extent permitted by section 5.5., above, which are imposed on the Property or
<br />Project, shall toll the time periods set forth in this Agreement City shall not apply to the
<br />Property or Project any moratoria which is adopted and which, either facially or as-applied, has
<br />no application except to (or primarily to) the Property or Project.
<br />
<br />5.11 City to Receive Contract Documents. Owner shall furnish City, upon
<br />written request, copies of contracts and supporting documents relating to the Project.
<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.
<br />
<br />5.14 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation ofthe 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, and of any other political subdivision, agency, or
<br />instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
<br />applicable federal and state occupation, safety and health laws, rules, regulations and standards,
<br />applicable state and labor standards, applicable prevailing wage requirements, 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").
<br />
<br />6.
<br />
<br />ANNUAL REVIEW.
<br />
<br />6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
<br />months during the term ofthis 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 />11
<br />
|