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<br />(8) Terms and Content:
<br />
<br />i. CC&R's are to be in effect for an initial period of ninety-
<br />nine years and then automatically expanded for successive one
<br />hundred year periods unless terminated by the joint consent of the
<br />City and not less than seventy five percent of those entitled to vote.
<br />
<br />ii. Any proposed material modifications to the CC&R's which
<br />affect the provisions described in this Section 5.8 shall require
<br />written approval by the Executive Director
<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 ofthe work of public art provided for in the Public Art Locational Plan.
<br />
<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 public
<br />art.
<br />
<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 of this
<br />Agreement.
<br />
<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.
<br />
<br />5.13 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Project in substantial confonnity with all applicable
<br />laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the
<br />State of California, the County of Orange, the City, or any other political subdivision in which
<br />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
<br />state and labor standards, applicable prevailing wage requirements, the City zoning and
<br />development standards, City permits and approvals, building, plumbing, mechanical and
<br />electrical codes, as they apply to the Property and the Project, and all other provisions of the City
<br />and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled
<br />and handicapped access requirements, including, without the limitation, the Americans With
<br />Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh Civil
<br />Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements").
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<br />Ordinance NS-2700
<br />Page 170141
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