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<br />5.9 Responsibility For Costs of Work Of Public Art. The City and Owner
<br />agree that Owner shall be responsible for all costs associated with the design, construction,
<br />maintenance and repair of the work of public art provided for in the Public Art Locational Plan.
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<br />5.10 City to Receive Contract Documents. Owner shall furnish the City,
<br />upon written request, copies of contracts and supporting documents relating to the work of
<br />public art.
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<br />5.11 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 ofthis
<br />Agreement.
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<br />5.12 Moratoria. In the event an ordinance, resolution or other measure is
<br />enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate,
<br />amount, timing, sequencing, or phasing of the development or construction of the Project on all
<br />or any part of the Property or the implementation or construction of a mitigation measure, the
<br />City agrees that such ordinance, resolution or other measure shall not apply to the Project, the
<br />Property or this Agreement.
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<br />5. \3 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Project in substantial conformity with all
<br />applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
<br />States, the State of California, the County of Orange, the City, or any other political subdivision
<br />in which the Property is located, 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, state, and local occupation, safety and health laws, rules, regulations and
<br />standards, applicable state and labor standards, applicable prevailing wage requirements, the
<br />City zoning and development standards, City permits and approvals, building, plumbing,
<br />mechanical and 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 the Project), and
<br />all applicable disabled and handicapped access requirements, including, without the limitation,
<br />the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq.,
<br />and the Unruh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements").
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<br />6.
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<br />ANNUAL REVIEW.
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<br />6.1 City and Owner Responsibilities. The City shall, at least every twelve
<br />(12) months during the term of this Agreement, review the extent of good faith substantial
<br />compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
<br />65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
<br />faith compliance with the terms of the Agreement at the periodic review.
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<br />6.2 Review Letter. If Owner is found to be in compliance with the
<br />Agreement after the annual review set forth in Section 6.1 above, the Ciry shall, upon written
<br />request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon
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<br />Ordinance NS-2677
<br />Page 18 of 38
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