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<br /> construction, and operation of the Project in substantial conformity with all applicable laws,
<br /> ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State
<br /> of California, the County of Orange, the City, or any other political subdivision in which the
<br /> Property is located, and of any other political subdivision, agency, or instrumentality exercising
<br /> jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and
<br /> local occupation, safety and health laws, rules, regulations and standards, applicable state and
<br /> labor standards, applicable prevailing wage requirements, the City zoning and development
<br /> standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as
<br /> they apply to the Property and the Project, and all other provisions of the City and its Municipal
<br /> Code (as they apply to the Property and the Project), and all applicable disabled and handicapped
<br /> access requirements, including, without the limitation, the Americans With Disability Act,
<br /> 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act,
<br /> Civil Code § 51 et seq. ("Governmental Requirements").
<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 of this 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 of the 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 City Planning Director, the Agreement
<br /> remains in effect and Owner is not in default. Owner may record the Letter in the Official
<br /> Records of the County of Orange.
<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 in conjunction with the Project is false or proves to have been false in
<br /> any material respect when it was made;
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<br /> (2) A finding and determination made by the City following a periodic
<br /> review under the procedure provided for in Government Code Section 65865.1 that upon the
<br /> basis of substantial evidence the Property Owner has not complied in good faith with one or
<br /> more of the terms or conditions of this Agreement;
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