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<br />(6) Terms and Content:
<br />
<br />l. CC&R's are to be in effect for an initial period of ninety-
<br />nine years and then automatically expanded for successive one hundred year
<br />periods unless terminated by the joint consent of the City and not less than
<br />seventy five percent ofthose entitled to vote.
<br />
<br />ii. Any proposed modifications to the CC&R's will require
<br />approval by the Agency's Executive Director.
<br />
<br />iii. CC&R's shall provide a significant financial penalty (i.e.,
<br />the maximum permitted by law) that shall be imposed by the Home Owner's
<br />Association to any member who violates these provisions
<br />
<br />5.8 Reserved.
<br />
<br />5.9 Reserved.
<br />
<br />5.10 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 (although such conditions must comply with the Applicable Rules).
<br />
<br />5.11 Compliance With Governmental Requirements. Owner shall carry out
<br />the design, construction, and operation of the Project in substantial conformity with all
<br />applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
<br />States, the State of California, the County of Orange, the City, or any other political subdivision
<br />in which the Property is located, and of any other political subdivision, agency, or
<br />instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
<br />applicable federal, state, and local occupation, safety and health laws, rules, regulations and
<br />standards, applicable state and labor standards, applicable prevailing wage requirements, the City
<br />zoning and development standards, City permits and approvals, building, plumbing, mechanical
<br />and electrical codes, as they apply to the Property and the Project, and all other provisions of the
<br />City 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. ~ 12101 et seq., Government Code ~ 4450 et seq., and the Unruh
<br />Civil Rights Act, Civil Code ~ 51 et seq. ("Governmental Requirements").
<br />
<br />6. ANNUAL REVIEW.
<br />
<br />6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
<br />months during the term of this Agreement, review the extent of good faith substantial
<br />compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
<br />65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
<br />faith compliance with the terms of the Agreement at the periodic review.
<br />
<br />Ordinance No. NS-2741
<br />Page 16 of 28
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