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FULL PACKET_2010-07-19
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FULL PACKET_2010-07-19
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1/3/2012 4:02:02 PM
Creation date
7/15/2010 1:28:12 PM
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City Clerk
Doc Type
Agenda Packet
Date
7/19/2010
Destruction Year
2015
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<br /> i <br /> that it shall not apply to the Project any subsequently adopted ordinance, regulation or policy that <br /> would adversely affect the design or reduce the size of the project, or the timing or sequencing of <br /> construction of the Project (including without limitation, through allocation of square footage or <br /> floor area allocation of water and sewer permits, school and traffic capacities and modifications <br /> of floor area rations to open space or other public improvements, and revisions to historical <br /> designations). <br /> 5.6 Processing Fees. All fees and charges intended to cover City costs <br /> associated with processing development of the Property, including but not limited to fees and <br /> charges for applications, processing, inspections, plan review, plan processing, and/or <br /> environmental review, which are existing or may be revised or adopted during the term of this <br /> Agreemrnt shall apply to the development of the Property. No newly adopted fee or charge <br /> imposed solely on commercial buildings exceeding ten (l0) stories in height or one hundred <br /> thousand (100,000) square feet size shall apply to development of the Property, unless said fee or <br /> chazge is mandated by federal or State ]aw. <br /> 5.7 Amendments or Addltioaa to Citywide Fee Programs. This Agreement <br /> shall not preclude the inclusion of end changes to fee programs, taxes whether special or general, <br /> or assessments (hereafter collectively referred to as "fees' adopted by the City after the effective <br /> date of this Agreement, which shall be applicable to the Project or the Property provided that . <br /> they (1) aze standard fees applicable to all development in the City (although actual fee rates may <br /> vary within the City where bona fide Citywide fee zones have been established), (2) are not <br /> applicable primarily or only to this Project, or (3) are not imposed to dupflcate any project design <br /> features conditions of approval, Agreements, or mitigation measures already contained in <br /> Environmental Impact Report No. 99-01 or this Agreement. <br /> 5.8 Condition Precedent to Issuance Of Any Building Permit. The Owner <br /> shall not be issued any building permit, or rough grading permit permitting grading exceeding <br /> twelve inches (12'~ in depth (except as provided in section 5.9(3), below), for the Project until it <br /> provides evidence that the Owner has obtained binding commitments for lease of not less than <br /> 50% of the net leasable area in the Project from tenants who would qualify as "Investment Grade <br /> Tenants" (BBB- or greater) as rated by either Standard & Poor's or Moody's rating agencies. <br /> Non-rated publicly held, or private companies with a rating of BB or BB+ may meet this <br /> requirement by providing a "Shadow Rating" from either agency depicting a minimum of a <br /> neutral credit outlook. Law firms shall provide evidence of a rating of "AV" from Mariindale- <br /> Hubbell or equivalent rating agency. Binding commitments to lease shall be in a form and <br /> content normally accepted by conventional lending institutions and subject to the review and <br /> approval of the City's Executive Director of Planning and Building, which approval shall not be <br /> unreasonably withheld. Owner shall have the right to commence demolition of existing non- <br /> historic buildings, and removal and relocation of historic buildings and rough grading (only to <br /> fire twelve inch (12'~ depth permitted by the first sentence of this section) prior to the review and <br /> approval of the City pursuant to this section. <br /> 5.8.1. Payment Of Prevailing Wage. For the provision of the payment of <br /> "Prevailing" and/or "Area Standard Wages" as appropriate, the Owner shall submit evidence that <br /> it has entered into a labor agreement with the Los Angeles and Orange Counties Building and <br /> 'l":~ <br /> 9 <br /> <br />
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