ORD 2143 - Laserfiche WebLink

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 conditions of approval. Section 3.02. Development Impact Fees. Developer shall only pay to City those legally enforceable development impact fees and exactions which are in effect at the time Developer obtains a final map, grading permit, or building permit. Section 3.03. Below Market Rate Units. This obligation will be fulfilled by the application of inclusionary housing credits as described in Recital D.4., above. Section 3.04. School Fees. Developer will pay fees in accordance with State Law as provided by a separate agreement to be negotiated with the Pleasanton Unified School District. Section 3.05. Processing Fees, Permit Fees (a) Building Permit. Developer shall pay to City building permit fees in accordance with the City's building permit ordinance in effect at the time the applicable building permit is granted by City. (b) Processing Fees. Developer shall pay to City the City's reasonable application processing fees for the Project in accordance with the City's fee schedule in effect at the time Developer submits the applicable Project application for processing. Article IV City Obligations. Section 4.01. Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 4.02. Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving capacity for sewer,water and any other services as may be necessary to serve the Project. • Section 4.03. Developer's Right to Rebuild. City agrees that Developer may rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals,the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. Section 4.04. Processing Subsequent Approvals. "Subsequent Approvals" shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals 5 of 10