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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.
<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.
<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.
<br />7. DEFAULT.
<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:
<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;
<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;
<br />11A-22
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