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F. On or about September 7, 2004, the Parties approved Addendum I to Joint Exercise of Powers Agreement, which amended the JEPA to adjust the TVTD Fee for developments in the Multi- Family Residential, Office and Industrial categories. G. The Parties now desire to amend the JEPA to restore the TVTD Fee rate in the "Other Uses" category to the rate that was supported by the original Fee Nexus Study, completed in 1995, and prepared to support the enactment of the TVTD Fee; allow for fee exemptions for certain low income units; provide for fees to be collected after building permit issuance under specified circumstances; and allow specified fee revenues to be used to pay administrative staffing costs of the Tri- Valley Transportation Council "TVTC to the extent permitted by law. NOW THEREFORE, the Parties agree to amend the JEPA as follows: ADDENDUM 1. Section 5 of the JEPA is amended by deleting Subsection 5.b. in its entirety and replacing it with the following: b. To require each project developer to pay the Tri- Valley Transportation Development Fee for the project to the extent permitted by law according to the terms of Section 12 of this Agreement. 2. Section 5 of the JEPA is amended by adding the following as Subsection 5.f: f. To adopt standards for the approval of fee waivers for affordable and/or inclusionary housing units, as such units may be defined by state or local laws or regulations, with affordability terms as determined by each Party in its sole discretion. 3. Section 9 of the JEPA is hereby deleted in its entirety, and replaced with the following: Section 9. Tri-Vallev Transportation Development Fee Amount The Tri- Valley Transportation Development Fees shall be as follows: Addendum II Page 3 of 7 Joint Exercise of Powers Agreement TVTD Fees for Traffic Mitigation EXHIBIT A