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2. The City Council may consider and approve a land donation <br />of the Substitute Site if, at the sole and absolute discretion of the City Council, all of the following <br />conditions are determined to be satisfied or waived by the City Council: (a) transfer of the <br />Affordable Site to the Affordable Housing Partner is infeasible; (b) the Substitute Site meets all of <br />the requirements of the Affordable Housing Ordinance for land donations; (c) the Substitute Site <br />has a substantially similar or greater appraised value as to the Substitute Site; (d) the Substitute <br />Site project will provide at least seventy-one (71) affordable units that are subject to income <br />requirements; (c) the new Affordable Housing Plan meets the requirements of the Affordable <br />Housing Ordinance; (f) the Substitute Site has been issued or is concurrently being issued <br />entitlements or permits consistent with the new Affordable Housing Plan; and, (g) the substitution <br />of the Affordable Housing Site and Affordable Housing Project will not be detrimental to the <br />public's health, safety, or general welfare. <br />3. If the City Council approves the request for the Substitute <br />Site based on the criteria Iisted above, the Substitute Site shall be treated as and shall (a) replace <br />the "Affordable Site" defined in ,Recital E and referred thereafter in this Agreement; (b) the <br />Substitute Site's legal description shall replace Exhibit C; (c) the subsequent development on the <br />Substitute Site shall be treated as and shall replace the "Affordable Housing Project" defined in <br />Recital E and referred thereafter in this Agreement; and, (d) the approval of the Substitute Site <br />shall be treated and considered to be a Minor Amendment, as that term is defined in Section 8.2 <br />of this Agreement. In addition, if the Substitute Site is approved by the City Council, the City <br />Manager is authorized to execute any confonning amendments to the Affordable Land Donation <br />Agreement as may be necessary to reflect the substitution, provided that such amendments be <br />memorialized in a form subject to approval by the City Attorney. <br />Section 2.3 Community pace and Storage -Space. <br />A. As designated in the Project Approvals, Developer shall design and <br />construct a community room on the Property, which shall consist of a 1,000 square foot community <br />function space to be leased to the City for use by the City and City -approved community groups <br />without charge, for meetings, events, educational purposes, cultural celebrations or similar <br />gatherings ("Community Space"). <br />B. Developer shall also design and construct an additional 715 square <br />feet of storage space at the Property to be leased to the City for the City's exclusive use, also <br />without charge ("Storage Space"). <br />C. Developer shall construct the Community Space to include finished <br />flooring, drop-down or open concept ceilings, restroom facilities for the exclusive use of the <br />Community Space patrons or visitors, and shall also install adequate audio and visual capabilities <br />in the space for digital presentations. Developer shall provide design plans of both the Community <br />Space and Storage Space to the City at least six (6) months prior to completion of the Community <br />Space and Storage Space in order to consult with City on the design. The City shall have final <br />approval of the spatial layout, room elements and design of the Community Space and Storage <br />G] <br />ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY <br />REV: 10-22-24 VR <br />