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9 <br />(6) If a Project retail or commercial space is vacant for more than six months, EHA <br />will offer additional incentives (beyond subsection (3) above) to attract <br />potential tenants to fill the vacant space as soon as possible.  These incentives <br />may include, but are not limited to, lower initial rents and construction of (or <br />credit for) tenant improvements.  If a Project retail or commercial space is <br />vacant for more than one year, EHA must at least offer leasing terms with six <br />months of zero rent (or equivalent tenant improvement allowance), but in no <br />event is EHA obligated under this subsection (6) to offer a lease where the total <br />rent to be received during the lease term for the space does not cover EHA’s <br />total costs to lease, operate and maintain the space during the lease term.  EHA <br />agrees to provide the City with an annual report outlining efforts taken to <br />comply with 4.F for any space that has been vacant for more than six months. <br />(7) If at the end of the term of this Agreement a Project building has retail or <br />commercial space with history of long-term vacancy, the City and EHA will, as a <br />prerequisite to the termination of this Agreement as to that building, execute <br />and record a binding document for that building effective after the termination <br />of this Agreement with provisions substantially similar to this Section 4.F. <br />5. AUTHORITY OF PLANNING DIRECTOR <br />A. Authority to Determine Compliance. The Planning Director shall have the authority <br />from time to time, prior to the issuance of building permits and thereafter, to determine <br />if proposed implementation of the Park District (including but not limited to <br />applications, proposed site layouts and building designs, SEPA reviews, building permits, <br />binding site plans, or other permits or approvals as may be required by the <br />Development Standards, this Agreement, and applicable law) is consistent with the Final <br />Development Plan, the Development Standards, this Agreement, and applicable law. <br />B. Direction to Reject. If the Planning Director determines that any plan, design, application <br />or other item submitted for approval is not consistent with the Final Development Plan, <br />the Development Standards, this Agreement, or applicable law, the Planning Director will <br />notify the applicant of the deficiency in writing, with reasonable specificity. EHA may then <br />choose to amend the submission to address the deficiency, or may propose a modification <br />under Section 6 of this Agreement. Should these steps fail to cure the deficiency, the <br />Planning Director may reject (and by so rejecting prohibit issuance of building permits or <br />other related Project permit or approval) the submission. A decision to reject based on <br />such an inconsistency must not be arbitrary and must be made in writing and supported <br />by detailed findings identifying the non-compliance. <br />C. Third-Party Assistance. In reviewing Project plans, designs, applications, and other items, <br />the City may contract with a third-party architect or other professional with appropriate <br />expertise to assist the Planning Director. The selection of the architect or professional <br />will be determined by the Planning Director, subject to the approval by EHA, which will <br />not be unreasonably withheld. The EHA shall reimburse the City for the costs of such third <br />party. <br />