SUPPORT AND COOPERATION AGREEMENT / SUNSET MILLENNIUM ASSOCIATES

Motion - The City of West Hollywood has approved development of Sunset Millennium, a combined commercial and residential project, including three parcels known as the West, Middle and East Parcels, pursuant to the 1999 Sunset Millennium Development Agreement. The developer, Sunset Millennium Associates, and the City of Los Angeles entered into a Settlement and Cooperation Agreement, effective as of January 12, 2000, with respect to the Project. Sunset Millennium has subsequently formulated a revised development plan for the Middle and East Parcels. West Hollywood has determined that development of the Middle and East Parcels of the Project will not cause any significant impacts to any roadways or intersections in Los Angeles as discussed in the Sunset Millennium Final Environmental Impact Report dated January 2005. Los Angeles has certain concerns regarding the FEIR's analysis of traffic impacts on intersections within Los Angeles. Sunset Millennium has sought to address the concerns of Los Angeles and has negotiated a mutually beneficial resolution with the City, under which Sunset Millennium will provide certain benefits to Los Angeles in exchange for an agreement not to pursue litigation or otherwise oppose the project or project approvals. The benefits in the proposed agreement would include the purchase of certain computer equipment, emergency vehicle traffic preemption systems, a contribution to ATSAC in the Sunset Boulevard Corridor and various intersection improvements at Fairfax and Sunset Boulevards. A draft support and cooperation agreement has been negotiated between Sunset Millennium and the City, which satisfies the concerns of the Los Angeles Fire and Transportation Departments. THEREFORE MOVE that the City Council authorize the General Manager of the Department of Transportation to execute the aforementioned "Support and Cooperation Agreement" between the City of Los Angeles and Sunset Millennium Associates, relative to the development of the Middle and East Parcels of the Sunset Millennium project, subject to the review and approval of the City Attorney as to form and legality. FURTHER MOVE that the Department of Transportation be authorized to deposit the sum of $603,500 into DOT ATSAC Trust Fund No. 484 and appropriate to an account titled "Sunset Millennium Traffic Mitigation Fund." OLD COUNCIL FILE 99-1152