Inst 2014153467 - Laserfiche WebLink

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space of 12,000 square feet or less ("Phase Three Improvements"). Phase Three Improvements will include construction of bundled parking up to a maximum of 3 parking spaces per 1,000 square feet of office or retail space. Developer shall have the right to charge for all bundled parking in the Phase Three. The parking may be constructed as above grade or below grade structured parking as appropriate,to accommodate a sufficient number of parking spaces and levels for the Phase Two and the Phase Three Improvements. Phase Three Improvements also include bicycle parking, including bicycle lockers and shelters, as mutually agreed between City and Developer. The maximum square footage allowed under this Agreement for the Phase One, Phase Two and Phase Three Improvements may not exceed 500,000 square feet in total. 1.4.6. Any proposed residential uses in Phases 2 and 3 will require entitlement or design approval, including an amendment to the Planned Development and Site Plan Review, by the Planning Commission and the City Council. 1.4.7. Additional Unbundled Parking. Additional parking in excess of the 3.6 per 1000 square feet of building area parking spaces in Phase 1, 3.0 per 1000 square feet in Phase 2 and 3 may be constructed in Phase 1, 2, or 3 at the developer's sole discretion,provided these additional spaces are"unbundled" for public use. For the purpose of this Agreement"unbundled parking" shall mean on-site public parking spaces that are available separately from those bundled spaces provided to an occupant of the Project for that occupant's exclusive use. Developer may elect to charge parking fees for the use of the unbundled spaces. Developer shall have the right to charge for unbundled parking. It is further understood that parking spaces in excess of 3.6 spaces per 1000 square feet of building area constructed in Phase 1 would constitute a"front loading" of the parking that will ultimately be required to serve subsequent phases of the development. The"bundled" and"unbundled"parking spaces may be constructed as at grade surface parking, as above grade or below grade structured parking as appropriate, to accommodate a sufficient number of parking spaces for all phases of the development. 1.4.8. Landscaping and Public Outdoor Activity Improvements. The Project includes Developer's construction and maintenance of a minimum of approximately 30,000 square feet of public and outdoor activity area("Public Improvements") for use by the building occupants and by the general public as further described in Exhibit D attached hereto and incorporated herein by this reference. Developer shall retain the right to control use and access of the public and outdoor activity areas located on the Project site ("Activity Areas"), and may reasonably regulate public access to the Activity Areas to daylight hours. Developer may temporarily restrict public access to portions of the Activity Areas for occasional private events for Project tenants. 1.4.9. Public Art. Developer shall finance and place public art at appropriate locations on the project site. a. The amount to be used to fund the public art will be calculated as one percent(1%) of the construction budget(the "Public Art Fund"), as based on the City's review of the Developer's final construction budget for each phase. The Developer shall have the option to 1) install the public art in each phase of construction, or 2) "frontload"the art 6