FESTIVAL HALL (BUTTERFIELD/SARMIENTO)

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I. The noise study prepared as part of the Negative Declaration presumes, as a baseline condition, that Festival Hall is complying with the provisions of its Public Dance Permit and Conditional Use Permit. Also, as part of this agreement, Festival Hall has provided the City its own acoustical study setting forth its actual and usual level of noise activities. See, Exhibit 2, Gordon Bricken & Associates, "Measurement Results of Festival Hall City of ,Santa Ana," as supplemented, incorporated herein by this reference. The noise study attached to the Negative Declaration concludes that if all required mitigation measures are implemented "average interior noise levels in the residential units should be on the order of 30 dBA [in a worst case scenario] which should be acceptable." J. Festival Hall and the City desire to enter into an agreement which would allow the City to enter Festival Hall to undertake the seven (7) mitigation measures set forth in the Negative Declaration pursuant to a mutually agreeable design that preserves Festival Hall's property values and any historic character of the building. K. The City and Festival Hall have additionally agreed to implement noise mitigation measures identified by Gordon Bricken at no cost to Festival Hall. The purpose of these additional noise mitigation measures is to reduce the noise impacts from pedestrians and parking lot activities associated with departed patrons of Festival Hall. These noise mitigation measures go beyond the mitigation measures identified in the Mitigated Negative Declaration, which as referenced above would assist Festival Hall in complying with applicable noise regulations, and for which the City has concluded will reduce noise impacts on the sensitive receptors to a level of insignificance, and provide further protection to these sensitive receptors. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. City shall perform those seven (7) mitigation measures as set forth in Exhibit 3 to this Agreement b. In a spirit of cooperation, and to resolve additional concerns of Festival Hall regarding pedestrian noise and to partially implement the Supplemental, November 14, 2001 Gordon Bricken & Associates Report, the following additional conditions have been imposed on the Developer of the live -work project to fizrther reduce noise impacts on the live -work project; i. for those live -work units in the East Village Studios block fronting on Third Street or fronting on the DGWB and Associates parking lot, front windows on the first floor with STC 40 rating, or equivalent measure as identified by the Executive Director of Agency if such windows are not commercially available at the time of construction (but not less than STC 38 windows);