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ORDINANCE NS-2124 PAGE TWELVE 337 (g) The recorded CC&R's shall include provisions to: 1. guarantee adherence Requirement; to the Performance 2. assure perpetual operation of the TDM Program regardless of property ownership; 3. inform all subsequent property owners of the requirements imposed by the TDM Program , and 4. identify potential consequences of non- performance, including the penalty fee schedule. (h) Each space use agreement (Le. lease document) shall include relevant clauses of the TDM strategy plan or TDM program as a means to inform and commit tenants to participate in helping the project meet the established performance requirements. (i) The property owner(s) and tenants shall participate in an areawide transportation management association if one is established. (j) The TDM program shall encourage the response of tenants to applicable regional and/or city transportation management regulations. Sec. 36-609. TDM Annual Report. All owners of property which is subject to a TDM program shall prepare and submit an annual TDM report to Director within twelve months of the utility release, and each subsequent year by the date of each annual report approval. The annual TDM report shall, at a minimum, include: 1. building occupancy percentages; 2. a.m. peak hour vehicle trip counts; 3. documentation of the means employees as compiled from an employees; and of travel for annual survey of 4. a description of TDM activities occurring over the past twelve months and activities planned for the next twelve months. 5. vehicle counts in accordance with section 36- 608(d). 12