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diligence and in good faith to enter into binding agreements with <br />any such entity in order to assure the availability of such <br />permits and approvals or services. To the extent allowed by law, <br />Developer shall be a party or third-party beneficiary to any such <br />agreement and shall be entitled to enforce the rights of <br />Developer or City thereunder or the duties and obligations of <br />other parties thereto. <br /> <br /> (b) Water availability shall be subject to the <br />City's rules and regulations in effect at the time building <br />permits are applied for. The City shall withhold building <br />permits for the Project if, at the time building permits are <br />applied for, mandatory water rationing is in effect under a <br />program precluding the issuance of building permits for the <br />Project, unless the City has adopted a water offset program and <br />unless the Developer is participating in the program. <br /> <br /> 3.5 Additional Fees. Except as set forth in this <br />Agreement, City shall not impose on the Project any further or <br />additional fees, taxes or assessments, whether through the <br />exercise of the police power, the taxing power or any other <br />means, other than those prescribed in this Agreement, provided <br />that (a) if City forms an assessment or similar district <br />including the Property, and such district is City-wide, the <br />Property may be legally assessed through such district based on <br />the benefit to the Property, which assessment shall be consistent <br />with the assessment of other property in the district similarly <br />situated (but in no event shall Developer's obligation to pay any <br />such assessment result in a cessation or postponement of <br />construction of the Project or affect in any way Developer's <br />rights in respect of the Project); (b) City may charge Developer <br />fees which are in force and in effect on a City-wide basis under <br />Existing City Laws, but at the rate applicable at the time <br />application is submitted, for the following: building and related <br />construction permit fees (including plan review and site <br />inspection); fire department fees (including sprinkler); disabled <br />persons review and field inspection fee; City water and water <br />meter fees; Lower Income Housing Fee; and, subject to limitations <br />contained in a separate agreement between the Parties entered <br />into concurrently herewith, sanitary sewer fees; (c) any <br />applicable school district fees, Zone 7 drainage and water fees, <br />and other fees required to be collected by City on behalf of and <br />for the benefit of other governmental agencies or <br />instrumentalities, provided that the same are payable in respect <br />of the Project notwithstanding Developer's rights and benefits <br />under this Agreement; and (d) the City may adopt an ordinance for <br />a City-wide traffic mitigation fee uniformly applied and <br />applicable to all new construction. <br /> <br /> The Parties acknowledge that the provisions contained <br />in this Section 3.5 are intended to implement the intent of the <br />Parties that Developer has the right to develop the Project <br />pursuant to specified and known criteria and rules, and that City <br />receive the benefits which will be conferred as a result of such <br /> <br /> -9- <br /> <br /> <br />