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<br />(4) Assignment of repair of perimeter walls and common areas, <br />including landscaping, will be specified in the CC&R's in the event of <br />damage. <br /> <br />(5) Disclosure and release: CC&R's shall provide notice to prospective <br />owners of the urban character of the City and this area, including but not <br />limited to the permitted uses of the property and buildings in the immediate <br />area of the development (e.g., MacArthur Place, Griffin Towers, and <br />surrounding property zoned and/or devoted to commercial use), and shall <br />provide a release of all claims against the City which may arise from or <br />relate to the disclosed matters. <br /> <br />(6) Terms and Content: <br /> <br />1. CC&R's are to be in effect in perpetuity. <br /> <br />ii. Any proposed modifications to the CC&R's will reqUIre <br />approval by the Agency's Executive Director. <br /> <br />111. CC&R's shall provide a significant financial penalty (i.e., the <br />maximum permitted by law) that shall be imposed by the Home <br />Owner's Association to any member who violates these provisions <br /> <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 Plan. <br /> <br />5.10 Moratoria. Moratoria enacted by the City for the public health, safety, <br />and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in <br />this Agreement. <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 work of public art. <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 of the Project in substantial conformity with all <br />13 <br /> <br />11 A-17 <br />