ROMAN CATHOLIC BISHOP OF ORANGE (2)

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and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 9 4450 et seq., and the Unruh Civil Rights Act, Civil Code 9 51 et seq. 5.12. Site Plan Review. The final site plan and design for the Project shall be reviewed by the Planning Commission (subject to appeal to the City Council) for compliance with this Agreement and the Existing Approvals and Existing Regulations. The Project shall be deemed in compliance with the currently approved site plan (Exhibit B) if all proposed structures are located within the general parameters of the building envelopes shown on Exhibit B. No further design or architectural review shall be required. 6. ANNUAL REVIEW. 6.1. City and Owner Responsibilities. City shall, at least every twelve (12) months during the Term, review the extent of good faith substantial compliance by Owner with the terms of this Agreement (the "Annual Review"). Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the Annual Review. 6.2. Review Letter. If Owner is found to be in compliance with the Agreement after the Annual Review, City shall, upon written request by Owner, issue to Owner a Review Letter in recordable form stating that, based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3. Non-Compliance. If, after the City conducts the Annual Review, City finds that Owner is not in good faith compliance under this Agreement, City shall provide Owner with a notice specifically stating the basis of the default and invoking the procedures set forth in Section 7.3 below. 6.4. Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1. Events of Default. Owner is in default under this Agreement (an "Owner Default") if: a. Upon completion of the Annual Review, the City finds that there is substantial evidence that Owner is not in good faith compliance with one or more of the terms or conditions of this Agreement; or b. Owner's development of the Project is not in compliance with the Existing Approvals. 7.2. City Default. The City is in default under this Agreement if it fails to perform any act required of it under this Agreement (a "City Default"). 70020313.7 6/24/04 8