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Agenda - City of Santa Monica

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<strong>of</strong>fering carpool and vanpool matching services and assisting with<br />

route planning and will be the point <strong>of</strong> contact for administration<br />

<strong>of</strong> the annual survey and TDM Plan report required by this<br />

Agreement, in addition to any other services the Transportation<br />

Coordinator may perform at the Project for Developer.<br />

Transportation Coordinator services may be provided through the<br />

TMA contemplated in DA Section (2)(B) below.<br />

II.<br />

Measures Applicable to Project's Commercial Component Only<br />

A. Target AVR. For employees <strong>of</strong> the commercial tenants, Developer<br />

shall achieve an average vehicle ridership ("AVR") <strong>of</strong> 2.0 by the<br />

third year after the <strong>City</strong>’s issuance <strong>of</strong> a certificate <strong>of</strong> occupancy for<br />

the Project and the 2.0 AVR shall continue to be achieved and<br />

maintained thereafter. SMMC Chapter 9.16 in force and effect as<br />

<strong>of</strong> the Effective Date, shall govern how the AVR is calculated.<br />

Developer will determine its AVR through employee surveys for<br />

one consecutive week each calendar year beginning the first year<br />

the commercial component is at least 50% occupied. Developer<br />

shall submit such baseline survey to the <strong>City</strong> at the time <strong>of</strong><br />

submittal <strong>of</strong> its annual compliance report for this Agreement. The<br />

<strong>City</strong> shall monitor the TDM Plan performance as part <strong>of</strong> the <strong>City</strong>’s<br />

Periodic Review for the Project. If during any annual evaluation <strong>of</strong><br />

the Project’s employee trip reduction plan, the AVR requirement<br />

has not been achieved for the Project, then Developer shall propose<br />

modifications to the TDM Plan that Developer considers likely to<br />

achieve the AVR requirement by the date <strong>of</strong> the next annual<br />

evaluation <strong>of</strong> the Project’s employee trip reduction plan. In<br />

addition, the <strong>City</strong>’s Planning Director may recommend feasible<br />

modifications to the TDM Plan. Failure to achieve the AVR<br />

performance standard as provided in this Section (A) will not<br />

constitute a Default within the meaning <strong>of</strong> the Agreement so long<br />

as Developer is working cooperatively with the <strong>City</strong> and taking all<br />

feasible steps to achieve compliance. The term “feasible” shall<br />

have the meaning given that term in Section 21061.1 <strong>of</strong> the<br />

California Public Resources Code.<br />

For purposes <strong>of</strong> determining AVR, the survey must be conducted<br />

in accordance with SMMC 9.16.070(d)(2)(1), except to the extent<br />

modified by the Agreement below<br />

“The survey must be taken over five consecutive<br />

days during which the majority <strong>of</strong> employees are<br />

scheduled to arrive at or leave the worksite. The<br />

days chosen cannot contain a holiday and cannot<br />

occur during ‘Rideshare Week’ or other ‘event’<br />

weeks (i.e., Bicycle Week, Walk to Work Week,<br />

59<br />

F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC

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