ORD 1650 - Laserfiche WebLink

dismissal or final entry of judgment, the Partners, City and County shall indicate the period of such extension and record a notice to such effect. Development Fees. Exaction~ and Dedications. 4. l Development FeeS, Exactions. The County, City and Partners agree that the fees payable and exactions required in connection with the development, buildout, occupancy and use of the Project for the purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project, and funding required services for the Project, shall be those set forth in Exhibits "C", "D", "B", "E", and "F". The County and City shall not impose or require payment of any other fees, dedication of any land, or construction of any public improvements or facilities, in connection with any subsequent discretionary approval or otherwise, except as set forth in subsection 4.2 hereof. Partners specifically acknowledge that all fees imposed in Exhibits "B", "D', "E" and "F" are fair, reasonable and legally appropriate, and waive for themselves and their heirs, successors and assigns any legal challenge to said fees. Notwithstanding any other provision of this Agreement to the contrary, as long as any building permits remain to be drawn by Partners for an originally planned structure, the terms and provisions of this subsection 4.1 shall continue in full force and effect for such time as is reasonably necessary for the County and City to capture the fees set forth in this subsection. The County, City, and Parmers stipulate that agricultural, affordable housing, and traffic fees imposed by the County's and City's approval of the Project constitute measures to mitigate environmental impacts identified by the Environmental Impact Report for the Project, as required under the California Environmental Quality Act. Such fees shall be treated as indicated below. 4.1.1 Avricultural Fees. Any agricultural fees to be imposed on the Project, or any portion thereof, s~all be paid as required by the conditions of approval of the Project notwi~s~'~ding the a~nexation of all or a portion of the Subject Prope.,'~.' to the City or any future amendments to Exhibits "B" and "D". The County shall adopt, through a joint powers agreement or otherwise, the terms and conditions of an Agricultural Land Trust, which agreement shall be in a form acceptable to the City.. At least one representative of the City shall be appointed to the governing board of the Agricultural Land Trust. The agricultural fees to be imposed shall be administered by this Land Trust. For the portion of the Project to be annexed to Pleasanton, the City shall collect the fees for the Agricultural Land Trust and pay those fees to the County and then to the Land Trust once it is established. 4.1.2 LOwer InCOme HoUsing Fees. City shall collect its lower income housing fee for those residential units within the portion of the Project annexed to City and shall consult 3\11/93: n~,.ixtll.dt~ei~kS.agm 7