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agreement to perform all the mitigation measures identified in the Project Mitigation Monitoring and Reporting Program. Section 3.02.Development Impact Fees. Except as otherwise specifically set forth in this Article 3 or otherwise herein, Developer shall only pay to City those legally enforceable development impact fees and exactions which are in effect as of the Effective Date. A complete list of these applicable development impact fees and exactions is attached as DA Exhibit C. Developer may elect to defer certain fees consistent with City's Fee Deferral Program in force and effect as of the Effective Date. Further, in the event Developer applies for multiple grading or building permits covering portions or phases of the Project, Developer shall only pay those development impact fees(or prepare such study or studies) applicable to the portion or phase of the Project covered by the issued permit. However, during the Term of this Agreement, except as specifically set forth in this Agreement or the Project Approvals, Developer shall pay those periodic cost of living or similar indexed increases, decreases or adjustments to such fees and exactions as are applicable and in effect at the time such fees or exactions would otherwise be payable to City. Section 3.03.Traffic Mitigation Measures; Traffic Impact Fees Developer shall be obligated to mitigate the traffic related impacts of the Project in conformance with the Housing Element EIR, Mitigation Measure 4.N-7, which shall be deemed full compliance with General Plan policy, by complying with each of the following: (a) Pleasanton Traffic Impact Fee. Developer shall pay to the City applicable Pleasanton Traffic Impact Fee in accordance with the City's fee schedule. Developer and City shall adjust such fees for applicable credits under the City's North Pleasanton Improvement District that the parties are able to establish, and (b) Tri-Valley Transportation Committee Fee. Developer shall pay to the City the Tri-Valley Transportation Committee Fee as may be applicable. Section 3.04.Below Market Rate Units. As more particularly set forth in the AHA, assuming Developer develops the 305 apartment unit project as contemplated by the GMA and the Project Design Review, Developer shall be obligated to make Fifteen percenl:(15%) or forty six (46) affordable units available for rent within the Project Site, in accordance with the following: (a) Eight (8) affordable units to households at or below 50% of the Area Median Income ("AMI"); (b) Fifteen (15) affordable units to households at or below 83% of the AMI; (c) Twenty Three (23) affordable units to households at or below 100% of the AMI; (d) The AHA shall more specifically identify the affordable unit mix, including required number of unit types, units for the physically disabled, unit construction quality and location, for these affordable units; (e) The affordable unit rents shall be based on the following household sizes: (1) Studio Unit: One (1) person household; 5