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(g) Ecology & Wellness. Owner shall exercise commercially reasonable <br />efforts to implement a single use plastic or non -biodegradable plastic use reduction program with <br />retail tenants where feasible, with the exception of the grocer. <br />(h) Carbon Sequestering. Owner shall exercise commercially reasonable <br />efforts to incorporate carbon sequestering vegetation in the landscaping plans <br />(i) Fitwell. Owner shall exercise commercially reasonable efforts to obtain <br />Fitwell certification for the residential components of the Project. <br />0) Bike Lockers. With issuance of each building permit, Owner shall <br />provide for and maintain and secure bike lockers or bike storage rooms on the Property. At least <br />half of the lockers shall be made available for free to Project residents and employees. <br />4.2.7. Orange County Flood Control District Parcel: The Orange County Flood <br />Control District owns an approximately 0.2 acre parcel (APN 412-131-27) adjacent to, and <br />immediately northeast of, the Property ("OCFCD Parcel"). Owner shall make a reasonable and <br />good faith effort to work cooperatively with City and the Orange County Flood Control District <br />to improve and maintain the OCFCD Parcel. <br />5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. <br />5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, <br />Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana <br />Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing <br />and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of <br />compliance with Article XVIILI, Owner commits to the In -Lieu Fee as set forth in Section 5.1.1, <br />below, which may be paid at the time of building permit issuance for each market rate residential <br />unit contemplated by a given building permit or in the aggregate, at Owner's sole discretion. In - <br />Lieu fees paid in excess of the requirements for a particular building permit may be accrued and <br />used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this <br />Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that <br />has not received a Certificate of Occupancy. <br />5.1.1. In -Lieu Fee. Upon timely payment of the Twenty -Two Million dollar <br />($22,000,000) Community Benefit Payment as provided in Section 4.2.2, Owner shall make an <br />in -lieu fee payment at the time of building permit issuance for each market rate residential unit <br />contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of <br />each market rate residential unit (excluding Senior Assisted Living Community units, identified <br />in Section 4.1.3 of the Specific Plan as Congregate Housing, Assisted Living or Memory Care <br />units). At Owner's sole discretion, Owner may convert any Senior Assisted Living Community <br />units to Independent Living units (as defined in Section 4.1.3 of the Specific Plan) and/or <br />multifamily market rate units by paying the in -lieu housing fee in accordance with this <br />Agreement. <br />6. REVIEW FOR COMPLLANCE. <br />6.1. Periodic Review. <br />Ordinance No. NS-3071 Exhibit 4 <br />