03 - Laserfiche WebLink

City and Developer agree that Developer's Project includes some traffic improvements which would otherwise be constructed by the City using traffic development fee funds. Such improvements include, but are not limited to, portions of the Nevada Street extension beyond Developer's property. The City acknowledges that such improvements are eligible for credit, as provided in Municipal Code §3.26.070, towards City Traffic Development Fees otherwise due for the Project. City and Developer also agree that Developer's Project includes some improvements which would otherwise be constructed by the City using public facility fee funds. Such improvements include, but are not limited to, portions of the privately maintained trail along Arroyo Del Valle for which a public access easement is to be granted. The City acknowledges that such improvements are eligible for credit, as provided in Municipal Code §3.22.060, towards City Public Facility Fees otherwise due for the Project. The total cumulative amount of Traffic Development Fee and Public Facility Fee credits shall not exceed Five Hundred Thousand Dollars ($500,000.). Credits for qualified improvements shall be determined in the reasonable discretion of the City's Community Development Director, appealable to the City Manager. 4.2 Sales Tax Origin. Developer shall insert a contract provision in all of its contracts with general contractors and/or architects as applicable, requiring the general contractor and/or architect and their subcontractors to designate the City of Pleasanton as the point of sale and /or place of use of any materials purchased for the development of the Project. Developer shall comply with all requirements as set forth in Exhibit C. SECTION 5. CITY OBLIGATIONS 5.1 Vested Right to Develop the Project. (a) Vested Entitlements and Project Approvals. Except as specifically set forth herein, as of the Effective Date, Developer shall have the vested right to develop the Property in accordance with the Project Approvals, any Subsequent Approvals, and the "Existing Rules." Existing Rules include the City's General Plan, the City's Municipal Code, and all other adopted City ordinances, resolutions, rules, regulations, guidelines and policies in effect on the Effective Date. (b) Processing Subsequent Approvals. The Parties acknowledge that in order to develop the Project on the Property, Developer will need to obtain City approval of various "Subsequent Approvals." "Subsequent Approvals" include any and all land use, environmental, building and development approvals, entitlements and/or permits granted by the City after the Effective Date to develop and operate the Project on