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<br />tbaeaftc:.f, landscaped, inipted and fenced in aeeordance with plaDs submitted by Owner and
<br />approved by the Executive Ditœtor of the P1anning and Building Agœcy.
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<br />5.10 Moratoria. Moratoria 1)J(,œd by the City for the public health, safety,
<br />and welfare, to the extent pennitted by scctioÐ 5.5., above, which arc imposed on the Property or
<br />Project, sba1l ton the time periods set forth in this Agreem.enl City shall not apply to the
<br />Property or Project any moratoria which is adopted and which, eithec facially or as-applied. has
<br />no application exèept to (or primarily to) the Property or Project.
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<br />5.11 Cty to Receive Contract Doeumeots. Owner shaU furnish City, upon
<br />written request, copies of contracts and supporting c.toctunonts relatin. to the Projeçt.
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<br />5.13 Conditions 01 Discredoøary Appro".. The requirements imposed as
<br />conditions of any discretionary approval received through 1he City's existing regulatory process
<br />shall be govemedby 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 />Apcement.
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<br />5.14 Compllaaee WIth GoverameJltal Requiremeats. Owner shall cany out
<br />the design, coostructio.Q, and operatîon of the Project in substantial conformity with aD applicable..
<br />laws. ordinances, statutes, codes, mles. regulations, orders, and decrees of the United States, -the
<br />State ofCaJifomia. the County of Orange, and of any otb.erpolitical subdivision, agency, or
<br />inatrum«1tality excrcisina jurisdiction over the City, the Owner or the Property,includingall
<br />applicable federal and staœoooupation, safety and health laws, mea, regulations and standards,
<br />applicable state and labor ~ appHcableprevailing waae requirements, and alJ applicable
<br />disabled and handicapped access requjtemenfS, inclw1in& witboUtthe limitation, the Americans
<br />With Disability Act. 42 U.S.C. § 12101 etseq., Oovemment Code § 4450 et seq., and the Unruh
<br />Civil Rights Act, Civil Code § 51 et Sell. ("Governmental Requirements.,.
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<br />6. ANNUAL REVIEW.
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<br />6.1 CIty aad OwaerRespoaslblDties. Ci1y sbalJ, at least every twelve (12)
<br />months during tho term orthis Agreement, œview the extent of good faith substantial complimce
<br />by Owner with the terms oftbis Agreement. Putsnantto Govomment Code Section 65865.1, as
<br />ammded, Owner shall have the duty to demonstrate by substantial evidence ìts good faith
<br />compliance with the terms oCtile Agreement at the periodic review.
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<br />6.2R.eview Letter. If Owner is found to be in compliance with the
<br />Agreement after annual review, City sball, upon written request by Owner, issue a Review Letter
<br />to Owner (the "Letter") stating that based upon infoanation known or mado known to the City
<br />Council, tho City Planning Commission and/or the City Planning Director, the Agreement
<br />remains in ctrect and Owner is not in default. Owner may record the Letter in tho Official
<br />R.ecotds of the County of Orange.
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<br />Ordinance No. NS-2656
<br />Page 15 of 45
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