ORD 2079 - Laserfiche WebLink

Article III Developer Obligations. Section 3.01 Obligations of Developer Generally. The parties acknowledge and agree that the City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long term covenants and obligations, as set forth herein. The parties acknowledge that many of Developer's long term obligations set forth in this Agreement are in addition to Developer's agreement to perform all the mitigation measures identified in the Project Mitigation Monitoring and Reporting Program. Section 3.02 Development Impact Fees. Notwithstanding any provision herein to the contrary, Developer shall pay to City, in accordance with and subject to this Article 3, only those types and amounts of development impact fees and exactions, and other building permit and development-related fees, which are in effect as of the Effective Date. Included within attached DA Exhibit B is a complete list of the types and amounts of City development impact fees and exactions applicable to the Project (including those set forth below in this Article 3) (collectively, "City Impact Fees"), as well as a complete list of all other building permit and development-related fees applicable to the Project and collectible by City (for City's own account or on account of other agencies) (all such other fees collectible by City for its own account are hereinafter referred to collectively as "Other City Fees"). Developer may defer payment of City Impact Fees (including but not limited to those set forth or referenced in Sections 3.03, 3.04(f) and 3.07) and Other City Fees (excluding those set forth in Section 3.06) until issuance of certificates of occupancy. Further, in the event Developer applies for multiple grading or building permits covering portions or phases of the Project, Developer shall only pay those City Impact Fees and Other City Fees (or prepare such study or studies) applicable to the portion or phase of the Project covered by the issued permits. However, during the Term of this Agreement, Developer shall pay only those periodic cost of living or similar indexed increases, decreases or adjustments to City Impact Fees and Other City Fees as are applicable and in effect as of the Effective Date. 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 City the applicable Pleasanton Traffic Impact Fee in accordance with the City's fee schedule in effect on the Effective Date of this Agreement, 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 210 apartment unit project and 97 single family home project as contemplated by the GMA and the Project Design Review, Developer shall be obligated to make fifteen percent(15%) or thirty-two (32) affordable units available for rent within the Project Site, in accordance with the following: -6-