Common use of Severability and Termination Clause in Contracts

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA I, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a California limited liability company By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: ATTEST: By: DRAFT Name: City Clerk APPROVED AS TO FORM: By: DRAFT Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA INMS1430LINCOLN, LLC, a California limited liability company By: DRAFT Name: Title: . 0000 0XX XXXXXX LLCXxxxxx, a California limited liability company Xxxxx 000 Xxxxx Xxxxxx, XX 00000 By: Name: Xxxxx Xxxxxx Title: CEO CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Xxxx Xxxx Title: City Manager ATTEST: By: DRAFT Name: Xxxxxx Xxxxxxxx-Xxxxxx City Clerk APPROVED AS TO FORM: By: DRAFT Name: Xxxxx Xxxx Deputy City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONSAttorney 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020Chapter 8.108) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's ’s standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. 4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES.

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA ICOLORADO CREATIVE STUDIOS, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a California limited liability company By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: ATTEST: By: DRAFT Name: City Clerk APPROVED AS TO FORM: By: DRAFT Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXThe southwest 120 feet of Lot 4 in Block 200 of the Town of Santa Xxxxxx, COUNTY OF LOS ANGELESin the City of Santa Xxxxxx, STATE OF CALIFORNIACounty of Los Angeles, DESCRIBED AS FOLLOWS: LOTS JState of California, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK as per map recorded in Book 39, PAGES Pages 45 ET SEQ.et. seq. of Miscellaneous Records, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTYin the Office of the County Recorder of said County. APN: APN 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projectsfees:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040)) Pursuant to SMMC Section 9.72.040, office and retail projects are subject to a current fee of $6.14 per square foot for the office portion, $4.39 for the retail portion, and no fee imposed for storage areas. When Developer pays the Childcare Linkage Fee, these same rates shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior be applied to the issuance of a final certificate of occupancy for Project to calculate the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20)Childcare Linkage Fee. Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. 4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt days. 5. Prior to the issuance of an itemized invoice a final certificate of occupancy for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURESProject, Developer shall pay to the City (in lieu of installation of on-site public art) a cultural arts development contribution in accordance with the requirements of SMMC Section 9.04.10.20.120.

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA I1415NMS, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a LLC A California limited liability company By: Name: Xxxx Xxxx Xxxxxxx Title: Manager CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Xxxx Xxxx Title: City Manager ATTEST: By: DRAFT Name: Xxxxxx Xxxxxx-Xxxxxxxx Acting City Clerk APPROVED AS TO FORM: By: DRAFT Name: Xxxxxx Xxxxx Xxxxxxx City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXAll that certain real property situated in the County of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONSdescribed as follows: 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020Chapter 8.108) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA I, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0xx Xxxxxx LLC 0000 0XX XXXXXX LLCXxxxxx, a California limited liability company Xxxxx 000 Xxxxx Xxxxxx, XX 00000 By: Name: Xxxxx Xxxxxx Title: CEO CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Xxxx Xxxx Title: City Manager ATTEST: By: DRAFT Name: Xxxxxx Xxxxxxxx-Xxxxxx City Clerk APPROVED AS TO FORM: By: DRAFT Name: Xxxxx Xxxx Deputy City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXAll that certain real property situated in the County of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIAdescribed as follows: Parcel 2 of Parcel Map No. 71418, DESCRIBED AS FOLLOWS: LOTS Jin the City of Santa Xxxxxx, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXXCounty of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIAas per map filed in Book 371 Pages 35 and 36 of Parcel Maps, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTYin the Office of the County Recorded of said County. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS000 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020Chapter 8.108) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's ’s standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. 4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES.

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA ISEVENTHANDARIZONA, LLC, LLC a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a California limited liability company By: Name: Xxxxxxx Xxxxxxxxxxx Title: Manager CITY OF SANTA XXXXXX, a municipal corporation Municipal Corporation By: DRAFT Name: Title: Xxx Xxxxx City Manager ATTEST: By: DRAFT Name: XXXXX X. XXXXXXX City Clerk APPROVED AS TO FORM: By: DRAFT Name: XXXXXX XXXXX XXXXXXX City Attorney REAL PROPERTY LOTS "X" AND “W” IN THE CITY BLOCK 142 OF TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, 3 PAGES 80 AND 81 AND IN BOOK 39, PAGES 39 PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDSMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS. 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Park and Recreation Facilities Tax (SMMC Section 6.80). Developer shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction or placement of residential units on the subject lot.  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer developer in accordance with the City's ’s standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-of- way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURESdays.

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA I, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a California limited liability company By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: ATTEST: By: DRAFT Name: City Clerk APPROVED AS TO FORM: By: DRAFT Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX XXXXXX. IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS 1. Developer shall pay the following fees and charges that are within the City’s City‟s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Park and Recreation Facilities Tax (SMMC Section 6.80). Developer shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction or placement of residential units on the subject property. Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s project‟s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the Citydays. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. PALMETTO HOSPITALITY OF SANTA MONICA INMS1550LINCOLN, LLC, a California limited liability company By: DRAFT Name: Title: 0000 0XX XXXXXX LLC, a LLC A California limited liability company By: Name: Xxxx Xxxx Xxxxxxxx Title: Manager CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: XXXX XXXX City Manager ATTEST: By: DRAFT Name: XXXXXX XXXXXXXX-XXXXXX City Clerk APPROVED AS TO FORM: By: DRAFT Name: XXXXXX XXXXX XXXXXXX City Attorney REAL PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS J, K AND L IN BLOCK 195 OF TOWN OF SANTA XXXXXX IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0000-000-000 EXHIBIT “C” PERMITTED FEES AND EXACTIONS: 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020Chapter 8.108) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)  Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.  Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:  Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)  Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)  Street Permit fee (SMMC 7.04.790) (EPWM) 3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. 4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an itemized invoice for same from the City. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES.