ORD 2101 - Laserfiche WebLink

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, however. there shall be no such adjustment to development fees and exactions imposed by the City for the period from the Effective Date through December 31, 2015. A complete list of these anticipated development impact fees and exactions is attached as Exhibit B. consisting of two sheets entitled Workday Campus Fee Schedule Estimate and both dated April 18, 2014. Exhibit B reflects the best estimates of City of such fees and exactions based upon information provided by Developer and the application of credits customarily considered in making such development related calculations. In the event of new or more detailed information concerning the Project or a change in the Project. the parties to this Agreement recognize these fees and exactions in Exhibit B may change however the total amount of the credits due Developer specified in Section 3.03 below shall remain as outlined. Developer acknowledges that this 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 otherwise provided herein, Developer shall he responsible for payment of such fees charged by entities other than the City in effect at the time of payment of said fees notwithstanding the fact that the City may collect such fees on behalf of those other entities. In the event of a dispute over payment of fees between Developer and an entity other than the City, upon Developer's request City shall use its best efforts to encourage a resolution of the issue between Developer and that entity. Section 3.03 Dublin San Ramon Services District Fee. The current sewer capacity of the five existing parcels at 6120-6160 Stoneridge Mall Road totals 35,629 gallons per day. The two-year average water flow (November 22, 2011. November 20. 2013) for those buildings has been 7.166 gallons per day, thus resulting in an available credit of 28.463 gallons per day that shall be applied to the three new buildings contemplated as part of the Project. Developer and the City agree that should said credit not be applied in full by the Dublin San Ramon Services District. Developer and the City shall share equally in any costs incurred in purchasing such sewer capacity. Section 3.04 Tri-Valley Transportation Council Fee. The Developer shall pay the Tri-Valley Transportation Council fee prior to building permit issuance. Section 3.05 Traffic Mitigation Measures: Traffic Impact Fees. Developer, in lieu of payment of any Traffic Impact Fees, shall be obligated to mitigate the traffic related impacts of the Project, including roadway improvements, and right of way acquisition costs. as more particularly set forth in the Mitigated Negative Declaration and the conditions of approval imposed through the Project Design Review. These mitigations shall include: -5-