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Unified School District and the City, and it may be in addition to the school impact <br /> fees required by State law and local ordinance. The present program is described <br /> in documents entitled "Cooperation Agreement" and "Flat Fee Agreement." The <br /> developer shall be required to participate in the above-referenced program, as it <br /> may be amended, or in any successor program, prior to issuance of any building <br /> permit for the project. <br /> <br /> 17. This development shall be considered as a "first-come, first-served" project for <br /> growth management purposes. This development plan shall be of no further <br /> validity and the applicant shall be required to submit the same or new development <br /> plan for City approval prior to development of the site in the event that the <br /> applicant fails to record a final map within 2 years of PUD approval. <br /> <br /> 18. The applicant shall record CC&R's at the time ofrecordation of the final map <br /> ~vhich shall create a homeowners association for the development. The CC&R's <br /> shall be subject to the review and approval of the City Attorney prior to <br /> recordation of the final map. The homeowners association shall be responsible for <br /> implementing all storn~ water measures and for the maintenance of all private <br /> streets, private utilities, landscaping, and other common areas and facilities on the <br /> site. Landscaping shall be designed with efficient irrigation to reduce runoff, <br /> promote surface filtration, and minitnize the use of fertilizers, herbicides, and <br /> pesticides which can contribute to storm water runoff pollution. <br /> <br />· 19. Any proposed phasing of this development shall be depicted on the tentative tract <br /> map and shall include narrative explaining and proposed phasing. Unless a <br /> phasing plan for improvements is approved by the Planning Director, the applicant <br /> shall complete all of the on-site improvements at one time (including all <br /> improvements around future building pads). All remaining pad areas shall be <br /> seeded and kept in a neat and weed-free manner at all times. <br /> <br />20. The developer shall provide to the City a $1 million dollar amenity fee payment to <br /> compensate for the increased density above the midpoint of the General Plan <br /> density range. The exact use of the amenity fee shall be determined by the City <br /> Council with input from the Parks and Recreation Commission and Planning <br /> Commission after public input is received at a Planning Commission workshop. <br /> At least some of the fee shall be considered for improvements to the Bernal Alviso <br /> Adobe, with consideration to allocate a portion of the fee towards transit and <br /> school mitigations. <br /> <br /> PUD-96-14 <br /> <br /> <br />