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<br />5.1.12 Lake Improvements. Owner shall use commercially reasonable
<br />efforts to obtain approval of the Hutton Centre Owners' Association to install the lake improvements
<br />specified in Exhibit F to this Agreement.
<br />
<br />5.1.13 Use of "City of Santa Ana." All advertising, stationary and other
<br />identification of the Project controlled by Owner shall identify it as being located in the "City of
<br />Santa Ana" or "Santa Ana." The postal address of the project shall at all times be denominated as
<br />"Santa Ana, California."
<br />
<br />5.1.14 Compliance With Governmental Requirements. Owner shall carry
<br />out the design and construction of the Project in substantial conformity with the Applicable Rules
<br />and all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
<br />United States, the State of California, the County of Orange, or any other political subdivision in
<br />which the Property is located, and of any other political subdivision, agency, or instrumentality
<br />exercising jurisdiction over the City, the Owner or the Property, including all applicable federal,
<br />state, and local occupation, safety and health laws, rules, regulations and standards, applicable state
<br />and labor standards, and all applicable disabled and handicapped access requirements, including,
<br />without the limitation, the Americans With Disability Act, 42 U.S.C. S 12101 et seq., Government
<br />Code S 4450 et seq., and the Unruh Civil Rights Act, Civil Code S 51 et seq. ("Governmental
<br />Requirements").
<br />
<br />5.1.15 Obligation to Submit Working Drawings and Commence
<br />Construction. Owner shall submit building permit applications for the first Element of the Project
<br />to the City's Building Department on or before the third (3rd) anniversary date of the Effective Date
<br />and Commencement of Construction of the first phase Element shall occur on or before the sixth (6th)
<br />anniversary date of the Effective Date.
<br />
<br />5.2 City Obligations. In consideration for Owner entering into this Agreement
<br />and performing its obligations hereunder and in order to effectuate the purposes and intentions set
<br />forth in this Agreement and the Development Agreement Act, the City hereby agrees during the
<br />Term as follows:
<br />
<br />5.2.1 Vested Rights to Develop. Owner is hereby granted the vested right
<br />to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved
<br />Powers.
<br />
<br />5.2.2 Non-application of Changes in Applicable Rules. Any change in,
<br />or addition to, the Applicable Rules, including, without limitation, any change in the General Plan,
<br />zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after
<br />the Effective Date, including, without limitation, any such change by means of ordinance, initiative,
<br />referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason
<br />whatsoever, however denominated, and adopted by the City Council, Planning Commission or any
<br />City Agency, or by the electorate, as the case may be, which would, absent this Agreement,
<br />otheIWise be applicable to the Project and which would conflict with the Applicable Rules, shall not
<br />be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or
<br />are otheIWise expressly allowed by this Agreement. In the event that state or federal laws or
<br />regulations enacted after this Agreement has been entered into, prevent or preclude compliance with
<br />one or more provisions of this Agreement, such provisions of this Agreement shall be modified or
<br />suspended as may be necessary to comply with such state or federal laws or regulations.
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<br />DOCSOC/llI0339vll/24579-0001
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<br />11 B-34
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