RES 01105 - Laserfiche WebLink

ARTICLE II RESIDENTIAL SCHOOL FEES ESTABLISHED/PAY]VlENTS/CREDITS Section 2.1 Residential School Fees Established. District has by Board action established the Residential School Fees which shall be reviewed annually. The Residential School Fees applicable to an3' Planned Residential Unit shall be the mount in effect (as determined in accordance with the provisions of this Amended Cooperative Fee Agreement) as of the date of issuance of the building permit for such Planned Residential Unit even if that amount differs from the mount of the Residential School Fees in effect as of the date of Ci .ty's prior approval of the particular Land Use Entitlement. Section 2.2 Calculation and Imposition of Residential School Fee: Exceptions. (a) Residential School Fees: (i) shall be $4.20 per square foot of Assessable Space for all Planned Residential Units; (ii) shall be inclusive of all State Mandated Fees: and (iii) will, in the Board's sound, good faith, discretion, be adjusted annually for inflation during the term of this Amended Cooperative Fee Agreement using the School Construction Cost Index of the Office of Local Assistance, or a comparable index. There shall be no more than one inflationary increase in any calendar year commencing with the 2001 calendar >'ear. The 2001 inflationary increase shall not be adopted prior to June 1, 2001; commencing in 2002, the annual inflationary increase shall not be adopted prior to Janus,, 31 of each year. In no event shall the inflationary increase be greater than the inflation for the period between the date that the inflationary increase is adopted and the date of the immediately preceding inflationary increase. (b) The Residential School Fees shall be fixed for the term of this Amended Cooperative Fee Agreement. except for adjustments made by District to reflect the inflationary adjustment set forth in Section 2.2 (a)(iii). (c) Notwithstanding Section 2.2(a), with respect to Planned Residential Unit(s) that qualify as "senior citizen housing", a "residential care facili~ for the elderly", or a "multilevel facility for the elderly" as described in Government Code section 65995.1 (collectively "senior housing units"), the Residential School Fees applicable to senior housing unit(s) under this Amended Cooperative Fee Agreement shall be equal to, and limited to, the State Mandated Fee applicable to commemial projects; provided, however, that upon the request of any Cooperative Fee Developer of a Planned Residential Project that contains any senior housing units, District may exempt such Cooperative Fee Developer from payment of the entire Residential School Fees otherwise payable with respect to such senior housing units; and provided further that with respect to any such senior housing units that are subsequently converted to a Planned Residential Unit other than an Affordable Residential Unit or a Multi- Family Residential Rental Unit. the amount of Residential School Fees applicable to such converted units under this Amended Cooperative Fee Agreement shall be equal to the amount otherwise applicable to Planned Residential Units under this Amended Cooperative Fee Agreement as of the date of such conversion, less the amount of Residential School Fees previously paid with respect to such converted units. The date of conversions used in this subsection shall be the date when the City provides a Certificate of Occupancy for the converted use. June 1,2001