Everett Housing Authority 9/3/2024

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