18 ADDITIONAL REPORTS - Laserfiche WebLink

DRAFT this Development Agreement Developer is receiving valuable consideration from City, namely the vested rights and entitlements conferred by a Development Agreement entered into in accordance with the provisions of California Government Code section 65864 et seq. (the "Development Agreement Statute "). Section 3.05.School Fees. Developer shall pay fees in accordance with State Law as provided by the Housing Element EIR. Furthermore, Developer shall do the following depending upon the building type and use: (a) All Residential Units: Developer shall work with the Pleasanton Unified School District (PUSD) to develop a program 10 offset this project's long term effect on school facility needs in Pleasanton. This program shall be designed to fund school facilities necessary to offset this project's reasonably related effect on the long -term need for expanded school facilities. The method and manner of providing these funds and/or facilities to PUSD by Developer shall be approved by P1JSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by Developer to the City, on a form generated by PUSD, prior to building permit issuance; (b) Retail Buildir g : Prior to issuance of a building permit, Developer shall pay the required commercial development school impact fee as prescribed by State law and as adopted by the Pleasanton Unified School District. Section 3.06.Processing Fees; Permit Fees (h) Building Permit. Developer shall pay to City building permit fees in accordance with the City's building permit ordinance in effect at the time the applicable building permit is granted by City. (i) Processing Fees. Developer shall pay to City the City's reasonable application processing fees for the Project in accordance with the City's fee schedule in effect at the time Developer submits the applicable Project application for processing. Section 3.07.Park Fees. Consistent with, and in satisfaction of Developer's Quimby Act (Gov't code section 66477) and City Park Fee Ordinance (Chapter 19.44 of the Pleasanton Municipal Code), Developer will pay City park fees totaling approximately Two Million Four Hundred Thousand Dollars($2,400,000). The precise amount of this contribution will be determined in accordance with the terms of the City's Park Land Fee Ordinance (Ordinance No. 1605) in effect on the Effective Date. Developer acknowledges that the inhabitants of the Project will benefit whether the City elects to apply these funds to the acquisition of parkland or to park and recreational improvements to the Owens Plaza Park across the street from the Project Site, the Tassajara Creek Trail, the nearby Creekside Park, or to the development of the Bernal Community Park, or a combination thereof. Article IV City Obligations. Section 4.01.Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City 7