Common use of Sustainable Design Features Clause in Contracts

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving LEED® credits equivalent to a "Silver" certification under the LEED® Rating System (the "Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d). (2) Prior to the submission of plans for ARB review consistent with Article 6 of this Agreement, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3) As part of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) for review by the Advisor to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4) Prior to issuance of a final Certificate of Occupancy for the Project, the City's Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, that the Project shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to certification at a "minimum “Silver" certification ” level under the LEED® Rating System (the "“Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to ”) from the Green Building Certification Institute the fees required to obtain a (GBCI). The Project may achieve LEED® certificatecertification through any LEED® rating system for which the Project is eligible as determined by the GCBI, including LEED-New Construction, LEED-Core and Shell, LEED-Commercial Interiors, LEED-Homes, or LEED-Schools, but excluding LEED-Existing Buildings, Operations & Maintenance. The Project shall register for the LEED® rating system in effect at the time of application for review by the Architectural Review Board. (1i) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).2.6.1(f)(i): (21) Prior to the submission of plans for ARB review consistent with Article 6 of this Agreementreview, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor Advisor. The Developer shall retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the owner’s project requirements (the “AdvisorCommissioning Authority”), along with . Prior to issuance of a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3) As part of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, the Developer shall also submit have the LEED® Credits identified in clause (2) above (prepared by Commissioning Authority review the LEED® accredited professional) for review by Owner’s Project Requirements, the Advisor to demonstrate that Basis of Design, and the Project is likely to achieve the Sustainable Design StatusDocuments. (42) Prior to issuance of a final Certificate of Occupancy for the Project, the City's Green Building Program Advisor Developer shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve has achieved the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (53) Notwithstanding the foregoing, if the Advisor Developer has not yet approved the LEED® Credits that demonstrate demonstrated that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status. ii) Approximately 1,500 square feet in the aggregate of photovoltaic panels shall be located on the roof of Building A, as well as the roofs of the gym and cabana structures that are part of Building A in accordance with the Project Plans.

Sustainable Design Features. a. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving a LEED® credits equivalent to a "“Silver" ” certification under the LEED® Rating System (the "“Sustainable Design Status"”). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, provided that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) b. Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d)Project Specific Condition of Approval #10. (2) c. Prior to the submission of plans for ARB review consistent with Article 6 of this AgreementArchitecture Review Board review, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3) d. As part of Developer's ’s set of plans and documents submitted to the City with Developer's plan check ’s application for building permits for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2b) above (prepared by the LEED® accredited professional) for review by the City’s Green Building Program Advisor to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4) e. Prior to issuance of a final Certificate of Occupancy for the Project, the City's ’s Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2b) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the Sustainable Design Status. Developer shall meet with the City’s Green Building Program Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's ’s approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) . Notwithstanding the foregoing, if the City’s Green Building Program Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the City’s Green Building Program Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving LEED® credits equivalent to a "Silver" certification under the LEED® Rating System (the "Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1a) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d). (2b) Prior to the submission of plans for ARB review consistent with Article 6 of this Agreement, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3c) As part of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) for review by the Advisor to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4d) Prior to issuance of a final Certificate of Occupancy for the Project, the City's Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5e) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the "“Sustainable Design Status"”). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).requirements: (2a) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 of this Agreementfor the Project, the Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3b) As part Prior to submittal of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause shall: (2i) above (prepared by the LEED® accredited professional) Submit for review by the Advisor City an updated checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4ii) Retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Project’s requirements (the “Commissioning Authority”). (iii) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (c) Prior to issuance of a final Certificate of Occupancy for the ProjectProject (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Project to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that the Developer has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Gold” certification. Provided such application has been received by the LEED® accredited professional) demonstrate that the Project Green Building Certification Institute and is likely to achieve the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Statusbeing processed, the City shall nonetheless issue a temporary Final Certificate of Occupancy for the Project (assuming that shall not be withheld or delayed based on the Project is otherwise entitled failure to receive a temporary Certificate certification of Occupancy). The temporary Certificate the Sustainable Design Status. (d) After the City’s issuance of Occupancy shall be converted to a final Certificate of Occupancy once for the Advisor Project and after Developer has opened the Project or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (e) If the Project is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and the Developer has exhausted all administrative remedies and appeals of that denial, then the Developer shall be subject to a fine in the amount of four dollars per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that the LEED® Credits for Developer made a good faith effort to achieve and meet the Project demonstrate that the constructed Project has achieved intent of the Sustainable Design Status. Alternatively, the fine may be waived if the Developer commits to pursuing all necessary steps for the Project to achieve certification to the “Gold” level under the LEED ® Existing Projects Operations and Maintenance (LEED EBOM) rating system no later than 3 years after the Certificate of Occupancy was issued for the Project. If the Developer fails to obtain this certification within this time period, the fine shall be reimposed and immediately payable to City.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project Building so that, at a minimum, the Project Building shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the "“Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate.Design (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d). (2) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 of this Agreementfor the Building, Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Building is likely to achieve the Sustainable Design Status. The preliminary checklist will account for credits targeted to be achieved; however, the credits shown on the preliminary checklist may be subject to revision so long as the cumulative point total does not result in a lower Sustainable Design Status. (that shall be prepared by 2) Prior to or concurrent with submittal of the LEED® accredited professionalplan check application for the Building, Developer shall: (i) Submit for review by the City an updated checklist of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (3ii) As part Retain the services of Developer's set a third party, independent individual designated to organize, lead, and review the completion of plans the process of verifying and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) for review by the Advisor to demonstrate documenting that the Project is likely Building and all of its systems and assemblies are planned, designed, installed, and tested to achieve meet the Sustainable Design StatusBuilding’s requirements (the “Commissioning Authority”). (4iii) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (3) Prior to issuance of a final Certificate of Occupancy for the ProjectBuilding (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Building to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that Developer has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Gold” certification. Provided such application has been received by the LEED® accredited professionalGreen Building Certification Institute and is being processed, the Final Certificate of Occupancy for the Building shall not be withheld or delayed based on the failure to receive certification of the Sustainable Design Status. (4) demonstrate After the City’s issuance of a final Certificate of Occupancy for the Building and after Developer has opened the Building or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (5) If the Building is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and Developer has exhausted all administrative remedies and appeals of that denial, then Developer shall be subject to a fine in the Project is likely amount of four dollars per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that Developer made a good faith effort to achieve and meet the intent of the Sustainable Design Status. Alternatively, the fine may be waived if Developer shall meet with the Advisor at least 30 days prior commits to submitting the final LEED® Credits pursuing all necessary steps for the Advisor's approval, Building to achieve certification to the “Gold” level under the LEED ® Existing Buildings Operations and during such meeting Developer shall review Maintenance (LEED EBOM) rating system no later than 3 years after the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy was issued for the Project (assuming that Project. If Developer fails to obtain this certification within this time period, the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy fine shall be converted reimposed and immediately payable to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design StatusCity.

Sustainable Design Features. Developer shall retain the services MINI of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer Santa Xxxxxx shall design the Project Building so that, at a minimum, the Project Building shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Platinum” certification by the Green Building Certification Institute under the LEED® Rating System (the "“Sustainable Design Status"). For purposes of clarity, Developer shall design ”) including the expanded rooftop photovoltaic panel array as shown on the Project in a manner that achieves Plans. If MINI of Santa Xxxxxx has received design approval pursuant to Section 6.1 within two (2) years after the Sustainable Design Status; providedEffective Date, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a MINI of Santa Xxxxxx xxx utilize LEED® certificate. Rating System version 3.0 dated 2009 (1LEED® NC v3-2009) Developer unless MINI of Santa Xxxxxx chooses, in its sole and absolute discretion, to use a subsequent version of the LEED® Rating System. If MINI of Santa Xxxxxx has not received design approval pursuant to Section 6.1 within two (2) years of the Effective Date, then MINI of Santa Xxxxxx shall utilize the version of the LEED® Rating System then in effect unless the City agrees that MINI of Santa Xxxxxx xxx utilize an earlier version of the LEED® Rating System. MINI of Santa Xxxxxx shall confirm to the City that the design for the Project Building has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).requirements: (2i) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 for the Building, MINI of this Agreement, Developer Santa Xxxxxx shall submit for review by the City a preliminary checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Building is likely to achieve the Sustainable Design Status. The preliminary checklist will account for credits targeted to be achieved; however, the credits shown on the preliminary checklist may be subject to revision so long as the cumulative point total does not result in a lower Sustainable Design Status. (that shall be prepared by ii) Prior to or concurrent with submittal of the LEED® accredited professionalplan check application for the Building, MINI of Santa Xxxxxx shall: (1) Submit for review by the City an updated checklist of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (3) As part of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by Retain the LEED® accredited professional) for services of a third party, independent individual designated to organize, lead, and review by the Advisor to demonstrate completion of the process of verifying and documenting that the Project is likely Building and all of its systems and assemblies are planned, designed, installed, and tested to achieve meet the Sustainable Design StatusBuilding’s requirements (the “Commissioning Authority”). (43) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (iii) Prior to issuance of a final Certificate of Occupancy for the ProjectBuilding (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Building to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that MINI of Santa Xxxxxx has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Platinum” certification. Provided such application has been received by the LEED® accredited professionalGreen Building Certification Institute and is being processed, the Final Certificate of Occupancy for the Building shall not be withheld or delayed based on the failure to receive certification of the Sustainable Design Status. (iv) demonstrate After the City’s issuance of a final Certificate of Occupancy for the Building and after MINI of Santa Xxxxxx has opened the Building or any portions thereof to the public, MINI of Santa Xxxxxx shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (v) If the Building is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and MINI of Santa Xxxxxx has exhausted all administrative remedies and appeals of that denial, then MINI of Santa Xxxxxx shall be subject to a fine in the Project is likely amount of four dollars per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that MINI of Santa Xxxxxx made a good faith effort to achieve and meet the intent of the Sustainable Design Status. Developer shall meet with Alternatively, the Advisor at least 30 days prior fine may be waived if MINI of Santa Xxxxxx commits to submitting the final LEED® Credits pursuing all necessary steps for the Advisor's approval, Building to achieve certification to the “Platinum” level under the LEED ® Existing Buildings Operations and during such meeting Developer shall review Maintenance (LEED EBOM) rating system no later than 3 years after the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy was issued for the Project (assuming that Project. If MINI of Santa Xxxxxx fails to obtain this certification within this time period, the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy fine shall be converted reimposed and immediately payable to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design StatusCity.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving a LEED® credits equivalent to a "“Silver" ” certification under the LEED® Rating System (the "“Sustainable Design Status"”). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design StatusStatus ; provided, however, provided that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d2.7.2(j). (2) Prior to the submission of plans for ARB review consistent with Article 6 of this AgreementArchitecture Review Board review, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3) As part of Developer's ’s set of plans and documents submitted to the City with Developer's plan check ’s application for building permits for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) for review by the City’s Green Building Program Advisor to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4) Prior to issuance of a final Certificate of Occupancy for the Project, the City's ’s Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the Sustainable Design Status. Developer shall meet with the City’s Green Building Program Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's ’s approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the City’s Green Building Program Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the City’s Green Building Program Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving LEED® credits equivalent to a "Silver" certification under the LEED® Rating System (the "Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d). (2) Prior to the submission of plans for ARB review consistent with Article 6 of this Agreement, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3) As part of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) for review by the Advisor to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4) Prior to issuance of a final Certificate of Occupancy for the Project, the City's Green Building Program Advisor shall verify and approve (which approval shall not be unreasonably withheld, conditioned or delayed) that the LEED® Credits identified in clause (2) above (prepared by the LEED® accredited professional) demonstrate that the Project is likely to achieve the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design Status...

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project Building so that, at a minimum, the Project Building shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the "“Sustainable Design Status"”). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project Building has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).requirements: (2i) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 of this Agreementfor the Building, the Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (3ii) As part Prior to submittal of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permitBuilding, Developer shall also submit the LEED® Credits identified in clause shall: (21) above (prepared by the LEED® accredited professional) Submit for review by the Advisor City an updated checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (42) Retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Building’s requirements (the “Commissioning Authority”). (3) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (iii) Prior to issuance of a final Certificate of Occupancy for the ProjectBuilding (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Building to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that the Developer has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Gold” certification. Provided such application has been received by the LEED® accredited professionalGreen Building Certification Institute and is being processed, the Final Certificate of Occupancy for the Building shall not be withheld or delayed based on the failure to receive certification of the Sustainable Design Status. (iv) demonstrate After the City’s issuance of a final Certificate of Occupancy for the Building and after Developer has opened the Building or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (v) If the Building is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and the Developer has exhausted all administrative remedies and appeals of that denial, then the Developer shall be subject to a fine in the amount of four dollars per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that the Project is likely Developer made a good faith effort to achieve and meet the intent of the Sustainable Design Status. Alternatively, the fine may be waived if the Developer shall meet with the Advisor at least 30 days prior commits to submitting the final LEED® Credits pursuing all necessary steps for the Advisor's approval, Building to achieve certification to the “Gold” level under the LEED ® Existing Buildings Operations and during such meeting Developer shall review Maintenance (LEED EBOM) rating system no later than 3 years after the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy was issued for the Project (assuming that Project. If the Project is otherwise entitled Developer fails to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy obtain this certification within this time period, the fine shall be converted reimposed and immediately payable to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design StatusCity.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project so that, at a minimum, the Project shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the "“Sustainable Design Status"”). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).requirements: (2a) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 of this Agreementfor the Project, the Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (3b) As part Prior to submittal of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permit, Developer shall also submit the LEED® Credits identified in clause shall: (2i) above (prepared by the LEED® accredited professional) Submit for review by the Advisor City an updated checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (4ii) Retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Project’s requirements (the “Commissioning Authority”). (iii) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (c) Prior to issuance of a final Certificate of Occupancy for the ProjectProject (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Project to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that the Developer has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Gold” certification. Provided such application has been received by the LEED® accredited professional) demonstrate that the Project Green Building Certification Institute and is likely to achieve the Sustainable Design Status. Developer shall meet with the Advisor at least 30 days prior to submitting the final LEED® Credits for the Advisor's approval, and during such meeting Developer shall review the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Statusbeing processed, the City shall nonetheless issue a temporary Final Certificate of Occupancy for the Project (assuming that shall not be withheld or delayed based on the Project is otherwise entitled failure to receive a temporary Certificate certification of Occupancy). The temporary Certificate the Sustainable Design Status. (d) After the City’s issuance of Occupancy shall be converted to a final Certificate of Occupancy once for the Advisor Project and after Developer has opened the Project or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (e) If the Project is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and the Developer has exhausted all administrative remedies and appeals of that denial, then the Developer shall be subject to a fine in the amount of fourtwo dollars ($2.00) per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that the LEED® Credits for Developer made a good faith effort to achieve and meet the Project demonstrate that the constructed Project has achieved intent of the Sustainable Design Status. Alternatively, the fine may be waived if the Developer commits to pursuing all necessary steps for the Project to achieve certification to the “Gold” level under the LEED ® Existing Projects Operations and Maintenance (LEED EBOM) rating system no later than 3 years after the Certificate of Occupancy was issued for the Project. If the Developer fails to obtain this certification within this time period, the fine shall be reimposed and immediately payable to City.

Sustainable Design Features. Developer shall retain the services of an accredited professional to consult with Developer regarding inclusion of sustainable design features for the Project. Developer shall design the Project Building so that, at a minimum, the Project Building shall have the number of points that would be commensurate with achieving achieve LEED® credits equivalent to a "Silver" “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the "Sustainable Design Status"). For purposes of clarity, Developer shall design the Project in a manner that achieves the Sustainable Design Status; provided, however, that Developer shall not be required to pay to the Green Building Certification Institute the fees required to obtain a LEED® certificate. (1) Developer shall confirm to the City that the design for the Project Building has achieved the Sustainable Design Status in accordance with the following requirements of this Section 2.8.2(d).requirements: (2i) Prior to the submission of plans and documents to the City for ARB Architectural Review Board review consistent with Article 6 of this Agreementfor the Building, the Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits (that shall be prepared by the LEED® accredited professional) for review by the City of Santa Xxxxxx Xxxxx Building Program Advisor (“Advisor”), along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (3ii) As part Prior to submittal of Developer's set of plans and documents submitted to the City with Developer's plan check application for the Project’s building permitBuilding, Developer shall also submit the LEED® Credits identified in clause shall: (21) above (prepared by the LEED® accredited professional) Submit for review by the Advisor City an updated checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project Building is likely to achieve the Sustainable Design Status. (42) Retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Building’s requirements (the “Commissioning Authority”). (3) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (iii) Prior to issuance of a final Certificate of Occupancy for the ProjectBuilding (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Building to open for business), the City's Green Building Program Advisor City shall verify and approve (which approval verification shall not be unreasonably withheld, conditioned or delayed) that the Developer has submitted an application to the Green Building Certification Institute for LEED® Credits identified in clause (2) above (prepared “Gold” certification. Provided such application has been received by the LEED® accredited professionalGreen Building Certification Institute and is being processed, the Final Certificate of Occupancy for the Building shall not be withheld or delayed based on the failure to receive certification of the Sustainable Design Status. (iv) demonstrate After the City’s issuance of a final Certificate of Occupancy for the Building and after Developer has opened the Building or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (v) If the Building is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and the Developer has exhausted all administrative remedies and appeals of that denial, then the Developer shall be subject to a fine in the amount of four dollars per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that the Project is likely Developer made a good faith effort to achieve and meet the intent of the Sustainable Design Status. Alternatively, the fine may be waived if the Developer shall meet with the Advisor at least 30 days prior commits to submitting the final LEED® Credits pursuing all necessary steps for the Advisor's approval, Building to achieve certification to the “Gold” level under the LEED ® Existing Buildings Operations and during such meeting Developer shall review Maintenance (LEED EBOM) rating system no later than 3 years after the LEED® progress with the Advisor. (5) Notwithstanding the foregoing, if the Advisor has not yet approved the LEED® Credits that demonstrate that the constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy was issued for the Project (assuming that Project. If the Project is otherwise entitled Developer fails to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy obtain this certification within this time period, the fine shall be converted reimposed and immediately payable to a final Certificate of Occupancy once the Advisor determines that the LEED® Credits for the Project demonstrate that the constructed Project has achieved the Sustainable Design StatusCity.