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Developer's 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. 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. A complete list of these applicable development impact fees and exactions is attached as DA Exhibit B. Developer acknowledges that this Development Agreement does not control development related fees charged by entities other than the City of Pleasanton as more particularly described in the succeeding sections, and that Developer shall be responsible for payment of such fees charged by entities other than the City in effect at the time of building permit issuance notwithstanding the fact that the City may collect such fees on behalf of those other entities. 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 as may be applicable, and (b) Tri-Valley. Transportation Committee Fee. Developer shall pay the Tri- Valley Transportation Committee Fee to the City at time of building permit issuance, or to the extent permitted by law no later than at time of issuance of certificate of occupancy. Below Market Rate Units. As more particularly set forth in the AHA, assuming Developer develops the 177 apartment unit project as contemplated by the GMA and the Project Design Review, Developer shall be obligated to make fifteen percent (15%) or twenty seven (27) affordable units available for rent within the Project Site, in accordance with the following: (c) six (6) affordable units to households at or below 50%of the Area Median Income ("AMI"); (d) twelve (12) affordable units to households at or below 80% of the AMI; and, nine (9) affordable units to households at or below 100%of the AMI; (e) 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; (1) The affordable unit rents shall be based on the following household sizes: (1) 1 Bedroom Unit: Two (2)person household; -8-