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FULL PACKET_2016-02-16
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FULL PACKET_2016-02-16
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2/11/2016 3:50:48 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
2/16/2016
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regulations, orders, and decrees of the United States, the State of <br />California, the County of Orange, the City, or any other political <br />subdivision in which the Property is located, and of any other political <br />subdivision, agency, or instrumentality exercising jurisdiction over the City, <br />Owner or the Property, including all applicable federal, state, and local <br />occupation, safety and health laws, rules, regulations and standards, <br />applicable state and labor standards, applicable prevailing wage <br />requirements, the City zoning and development standards, City permits <br />and approvals, building, plumbing, mechanical and electrical codes, as <br />they apply to the Property and the Project, and all other provisions of the <br />City and its Municipal Code (as they apply to the Property and the <br />Project), and all applicable disabled and handicapped access <br />requirements, including, without limitation, the Americans With Disability <br />Act, 42 U.S.C. § 12101 et seq., Government Code§ 4450 et seq., and the <br />Unruh Civil Rights Act, Civil Cade§ 51 et seq. (collectively, "Governmental <br />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 Development Agreement, review the extent <br />of good faith substantial compliance by Owner with the terms of this <br />Development Agreement. Pursuant to Government Code Section 65865.1, <br />as amended, Owner shall have the duty to demonstrate by substantial <br />evidence its good faith compliance with the terms of this Development <br />Agreement at the periodic review. <br />6.2 Review Letter, If Owner is found to be in compliance with this <br />Development Agreement after annual review, City shall, upon written <br />request by Owner, issue a Review Letter to Owner (the "Letter ") stating <br />that based upon information known or made known to the City Council, <br />the City Planning Commission and /or the Executive Director of the <br />Planning and Building Agency, this Development Agreement remains in <br />effect and Owner is not in default. Owner may record the Letter in the <br />Official Records of the County of Orange. <br />6.3 Failure to Conduct Annual Review. City's failure to review at least <br />annually Owner's compliance with the terms and conditions of this <br />Development Agreement shall not constitute or be asserted by any Party <br />as a breach of this Development Agreement by Owner or City. <br />DEFAULT. <br />7.1 Events of Default. Owner is in default under this Development <br />Agreement upon the happening of one or more of the following events or <br />conditions: <br />11 A -35 <br />
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