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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 /> (j) 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 COMPLIANCE. <br /> 6.1. Periodic Review. <br /> 18 <br />