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Agenda - City of Santa Monica

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Changes to the TDM Plan in accordance with this Condition 2.IV shall be<br />

treated as Minor Modifications pursuant to DA Section 2.4.2.<br />

V. New TDM Ordinance. If the <strong>City</strong> adopts a new ordinance <strong>of</strong> general<br />

application that updates or replaces Chapter 9.16 <strong>of</strong> the SMMC and that<br />

applies to the geographic area in which the Property is located (“New<br />

TDM Ordinance”), then, subject to the Planning Director’s approval in his<br />

or her sole and absolute discretion, Developer may elect to comply with<br />

the new TDM Ordinance in lieu <strong>of</strong> complying with the TDM Plan outlined<br />

in this Agreement.<br />

3. Transportation Infrastructure Contribution. On or before issuance <strong>of</strong> a<br />

building permit for the Project, Developer shall make a $125,493 transit and<br />

circulation infrastructure contribution to the <strong>City</strong> to be specifically used for<br />

improvements in the Downtown area.<br />

4. Colorado Esplanade Contribution: On or before issuance <strong>of</strong> a building permit<br />

for the Project, Developer shall make a $125,000 contribution to the <strong>City</strong> to be<br />

specifically used for the Colorado Esplanade project in the Downtown.<br />

5. Open Space Contribution: On or before issuance <strong>of</strong> a building permit for the<br />

Project, Developer shall make a $225,000 contribution to the <strong>City</strong> to be<br />

specifically used for open space improvements in the Downtown area.<br />

6. Big Blue Bus Contribution: On or before issuance <strong>of</strong> a building permit for the<br />

Project, Developer shall make a $25,000 contribution to the <strong>City</strong> to be specifically<br />

used for transit improvements in the Downtown.<br />

7. Historic Preservation Contribution: Prior to obtaining a building permit for the<br />

Project, Developer shall create a separate, interest-bearing trust fund and make a<br />

contribution in the amount <strong>of</strong> twenty five thousand dollars ($25,000). The monies<br />

available in this fund shall be used exclusively for historic preservation programs<br />

for the Downtown area in the <strong>City</strong>. These monies shall be applied for and<br />

distributed in accordance with a process, to be established by the Planning<br />

Director, whereby those entities that are exclusively devoted to historic<br />

preservation may make an application to receive distribution <strong>of</strong> some or all <strong>of</strong> the<br />

trust funds.<br />

8. LEED® Gold Certification Requirement. Developer shall design the Project so<br />

that, at a minimum, the Project shall achieve LEED® “Gold” certification under<br />

the LEED® Rating System (the “Sustainable Design Status”). Developer shall<br />

retain the services <strong>of</strong> a LEED accredited pr<strong>of</strong>essional to consult with Developer<br />

regarding inclusion <strong>of</strong> sustainable design features for the Project. Developer shall<br />

confirm to the <strong>City</strong> that the design for the Project has achieved the Sustainable<br />

Design Status in accordance with the following requirements:<br />

A. Prior to the submission <strong>of</strong> plans for Architecture Review Board review,<br />

Developer shall submit a preliminary checklist <strong>of</strong> anticipated LEED®<br />

64<br />

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

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