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<br />Agreement.
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<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 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
<br />disabled and handicapped access requirements, including, without the limitation, the Americans
<br />With Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh
<br />Civil Rights Act, Civil Code 9 51 et seq. ("Governmental Requirements").
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<br />6. ANNUAL REVIEW.
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<br />6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
<br />months during the term ofthis Agreement, review the extent of good faith substantial compliance
<br />by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as
<br />amended, Owner shall have the duty to demonstrate by substantial evidence its good faith
<br />compliance with the terms ofthe 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 annual review, City shall, upon written request by Owner, issue a Review Letter
<br />to Owner (the "Letter") stating that based upon information known or made known to the City
<br />Council, the City Planning Commission and/or the Executive Director of the City Planning and
<br />Building Agency, the Agreement remains in effect and Owner is not in default. Owner may
<br />record the Letter in the Official Records of the County of Orange.
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<br />6.3 Failure of Periodic Review. City's failure to review at least annually
<br />Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
<br />asserted by any party as a breach of the Agreement by Owner or City.
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<br />7. DEFAULT.
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<br />7.1 Events of Default. Property Owner is in default under this Agreement
<br />upon the happening of one or more of the following events or conditions:
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<br />(1) If a warranty, representation, or statement made or furnished by
<br />Property Owner to the City is false or proves to have been false in any material respect when it
<br />was made;
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