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<br />a. Final Design. Before the earlier of (1) issuance of the first building permit for the Project
<br />and (2) the sixth anniversary of the Effective Date, Owner shall submit to the City the
<br />final design of the Public Art.
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<br />b. Installation. Before the earlier of (1) the City's issuance of a Certificate of Use for the
<br />main Cathedral building and (2) the twelfth anniversary of the Effective Date, Owner
<br />shall install the Public Art. The latter date shall be extended to run concurrent with any
<br />extension of the Term.
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<br />c. Failure to Meet Time Requirements. If Owner fails to meet either of the time
<br />requirements set forth in Sections 5.8 a and b above, Owner shall pay the City $250,000
<br />to be used by the City to acquire other public art for other locations within the City.
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<br />In either instance, Owner will not be considered in default under this Agreement.
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<br />d. Progress Reports. During the construction and/or installation of the Public Art, Owner
<br />shall provide City with written reports on the progress of the construction when and as
<br />reasonably requested by the City. The report shall be in such form and detail as may be
<br />reasonably required by the City. The timeframes set forth above for final design and
<br />installation of the Public Art may be modified at any time or times by mutual written
<br />agreement of the Parties. Such revisions do not constitute amendments of this
<br />Agreement requiring further notice and public hearing. Either the Planning Director or
<br />the City Manager is authorized to sign such agreements on behalf of the City.
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<br />e. Responsibility For Costs of Work Of Public Art. Owner shall be responsible for all
<br />costs associated with the design, construction, maintenance, and repair of the Public Art.
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<br />f. City to Receive Contract Documents. Owner shall furnish City, upon written request,
<br />copies of contracts and supporting documents relating to the Public Art.
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<br />5.9. Moratoria. The Project shall be exempt from any moratorium adopted after the Effective
<br />Date which would otherwise affect the construction, use, or density of the Property.
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<br />5.10. Conditions of Discretionary Approvals. Except as provided in Section 4.3 above, the
<br />conditions of the Existing Approvals and any discretionary approval received through the
<br />City's existing regulatory process shall be governed by the terms of those approvals. In no
<br />event shall such conditions be affected by the termination, cancellation, rescission,
<br />revocation, default, or expiration of this Agreement.
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<br />5.11. Compliance With Governmental Requirements. Except as expressly provided within this
<br />Agreement, Owner shall carry out the design, construction, and operation of the Project in
<br />substantial conformity with all applicable laws, ordinances, statutes, codes, rules,
<br />regulations, orders, and decrees of the United States, the State of California, the County of
<br />Orange, the City, or any other political subdivision in which the Property is located, and of
<br />any other political subdivision, agency, or instrumentality exercising jurisdiction over the City,
<br />the Owner or the Property, including all applicable federal, state, and local occupation, safety
<br />and health laws, rules, regulations and standards, applicable state and labor standards, the
<br />City zoning and development standards, City permits and approvals, building, plumbing,
<br />mechanical and electrical codes, as they apply to the Property and the Project, and all other
<br />provisions of the City and its Municipal Code (as they apply to the Property and the Project),
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<br />7
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<br />70020313.7
<br />6/24/04
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