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Agreement is a material consideration for Developer's agreement to perform and abide by its <br />long term covenants and obligations, as set forth herein. The parties acknowledge that many of <br />Developer's long term obligations set forth in this Agreement are in addition to Developer's <br />agreement to perform all the mitigation measures identified in the Project Mitigation Monitoring <br />and Reporting Program. <br />Section 3.02 Development Impact Fees. Notwithstanding any provision herein to the contrary, <br />Developer shall pay to City, in accordance with and subject to this Article 3, only those types <br />and amounts of development impact fees and exactions, and other building permit and <br />development- related fees, which are in effect as of the Effective Date. Included within attached <br />DA Exhibit B is a complete list of the types and amounts of City development impact fees and <br />exactions applicable to the Project (including those set forth below in this Article 3) <br />(collectively, "City Impact Fees "), as well as a complete list of all other building permit and <br />development- related fees applicable to the Project and collectible by City (for City's own <br />account or on account of other agencies) (all such other fees collectible by City for its own <br />account are hereinafter referred to collectively as "Other City Fees "). Developer may defer <br />payment of City Impact Fees (including but not limited to those set forth or referenced in <br />Sections 3.03, 3.04(f) and 3.07) and Other City Fees (excluding those set forth in Section 3.06) <br />until issuance of certificates of occupancy. Further, in the event Developer applies for multiple <br />grading; or building permits covering portions or phases of the Project, Developer shall only pay <br />those City Impact Fees and Other City Fees (or prepare such study or studies) applicable to the <br />portion or phase of the Project covered by the issued permits. However, during the Term of this <br />Agreement, Developer shall pay only those periodic cost of living or similar indexed increases, <br />decreases or adjustments to City Impact Fees and Other City Fees as are applicable and in effect <br />as of the Effective Date. <br />Section 3.03 Traffic Mitigation Measures; Traffic Impact Fees. Developer shall be obligated to <br />mitigate the traffic related impacts of the Project in conformance with the Housing Element EIR, <br />Mitigation Measure 4.N -7, which shall be deemed full compliance with General Plan policy, by <br />complying with each of the following: <br />(a) Pleasanton Traffic Impact Fee. Developer shall pay to City the applicable <br />Pleasanton Traffic Impact Fee in accordance with the City's fee schedule in effect <br />on the Effective Date of this Agreement, and <br />(b) Tri- Valley Transportation Committee Fee. Developer shall pay to the City the <br />Tri - Valley Transportation Committee Fee as may be applicable. <br />Section 3.04 Below Market Rate Units. As more particularly set forth in the AHA, assuming <br />Developer develops the 210 apartment unit project and 97 single family home project as <br />contemplated by the GMA and the Project Design Review, Developer shall be obligated to make <br />fifteen percent (15 %) or thirty -two (32) affordable units available for rent within the Project Site, <br />in accordance with the following: <br />(a) sixteen (16) affordable units to households at or below 50% of the Area Median <br />Income ( "AMI "); <br />Sol <br />