|
<br />received through the City's existing regulatory process shall be governed by
<br />the terms of those approvals. In no event shall such conditions be affected by
<br />the termination, cancellation, rescission, revocation, default, or expiration of
<br />this Agreement.
<br />
<br />5.11. Compliance With Governmental Requirements. Except as expressly
<br />provided within this Agreement, Owner shall carry out the design, construction,
<br />and operation of the Project in substantial conformity with all applicable laws,
<br />ordinances, statutes, codes, rules, regulations, orders, and decrees of the
<br />United States, the State of California, the County of Orange, the City, or any
<br />other political subdivision in which the Property is located, and of any other
<br />political subdivision, agency, or instrumentality exercising jurisdiction over the
<br />City, the Owner or the Property, including all applicable federal, state, and local
<br />occupation, safety and health laws, rules, regulations and standards,
<br />applicable state and labor standards, the City zoning and development
<br />standards, City permits and approvals, building, plumbing, mechanical and
<br />electrical codes, as they apply to the Property and the Project, and all other
<br />provisions of the City and its Municipal Code (as they apply to the Property and
<br />the Project), and all applicable disabled and handicapped access
<br />requirements, including, without the limitation, the Americans With Disability
<br />Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the
<br />Unruh Civil Rights Act, Civil Code § 51 et seq.
<br />
<br />5.12. Site Plan Review. The final site plan and design for the Project shall be
<br />reviewed by the Planning Commission (subject to appeal to the City Council)
<br />for compliance with this Agreement and the Existing Approvals and Existing
<br />Regulations. The Project shall be deemed in compliance with the currently
<br />approved site plan (Exhibit B) if all proposed structures are located within the
<br />general parameters of the building envelopes shown on Exhibit B. No further
<br />design or architectural review shall be required other than as set forth in this
<br />section.
<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, review the extent of good faith substantial compliance
<br />by Owner with the terms of this Agreement (the "Annual Review"). Pursuant to
<br />Government Code Section 65865.1, as amended, Owner shall have the duty to
<br />demonstrate by substantial evidence its good faith compliance with the terms
<br />of the Agreement at the Annual Review.
<br />
<br />6.2. Review Letter. If Owner is found to be in compliance with the Agreement after
<br />the Annual Review, City shall, upon written request by Owner, issue to Owner
<br />a Review Letter in recordable form stating that, based upon information known
<br />or made known to the City Council, the City Planning Commission and/or the
<br />City Planning Director, the Agreement remains in effect and Owner is not in
<br />
<br />70020313.6
<br />6114/04
<br />
<br />9
<br />
<br />75C-19
<br />
|