ONE BROADWAY PLAZA 1 (Conformed Copy only)

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governmental jurisdiction prevent or preclude compliance with one or more provisions ofthis Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modifY this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, pursuant to Ordinance No. NS 2656 , authorizing such execution, and by Property Owner. Dated this Jn~ay of ~ ti..$ t , 2004. By THE CITY OF SANTA ANA DA~ City Manager Approved as to Form: By ATIISJI,.' .. / .', ~d~<~A~ - PATRICIA E. HEAlF CLERK OF THE COUNCIL 15 ~.