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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 /> Agreement shall apply to the development of the Property.No newly adopted fee or charge <br /> imposed solely on commercial buildings exceeding ten(10)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 /> charge is mandated by federal or State law. <br /> 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement <br /> shall not preclude the inclusion of and 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)are standard fees applicable to a]1 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 duplicate 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 /> 5(Wo 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 Martindale- <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 /> the 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 /> 9 <br /> V <br />