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reduce the project's peak hour vehicle trips will be necessary if the performance requirement is met and continues to be met as described from information provided in the TDM annual report. (4) Should the performance requirement not be satisfied by the end of the one hundred eighty-day period, the property owner(s) shall pay a TDM penalty fee in proportion to the number of peak hour vehicle trips in excess of the performance requirement. The amount of the TDM penalty fee shall be determined in accordance with the penalty fee schedule specified in the TDM program. (5) The TDM penalty fee shall be paid to the city and used as specified in the TDM program, or if no use is so specified, the fee shall be deposited in the appropriate transportation system improvement area fund established pursuant to Article XII of Chapter 13, (g) The recorded CC&R's shall include provisions to: (1) Guarantee adherence to the performance requirement; (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 nonperformance, including the penalty fee schedule. (h) Each space use agreement (i.e. 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. 36-608. TDM annual report. Ordinance No. NS-2505 Page 13 of 16