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NS-2831
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Last modified
7/18/2016 2:54:04 PM
Creation date
6/7/2012 5:26:18 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2831
Date
4/16/2012
Destruction Year
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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 Iimitation, 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 etseq. (" Governmental Requirements "), <br />6. ANNUAL RE, VIEW. <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 terns 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 terns 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 />(3) Failure to comply with Governmental regulations; <br />14 <br />
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