ORD 2158 - Laserfiche WebLink

Project for the purpose of defraying City's actual costs incurred or to be incurred in the processing and administration of any form of permit, approval, license, entitlement,or formation of a financing district or mechanism, or any and all costs adopted or otherwise imposed by City for the purpose of defraying City's actual costs of periodically updating its plans, policies, and procedures, including, without limitation, the fees and charges referred to in Government Code Section 66014. (c) Fee Adjustments. Notwithstanding subsections (a) and (b) above, during the Term of this Agreement, Developer shall pay those periodic cost of living or similar indexed increases, decreases or adjustments to Development Impact Fees and Regulatory Processing Fees as are applicable and in effect at the time such fees would otherwise be payable to City. (d) Fees Charged by Other Entities. Developer acknowledges that this Agreement does not control development related fees charged by entities other than the City. Developer shall be responsible for the payment of such fees or charges imposed by entities other than the City in effect at the time of payment of such fees or charges notwithstanding that the City may collect such fees on behalf of those other entities. If there is a dispute over the amount of the fees or charges between the Developer and an entity other than the City, upon the Developer's request the City shall use its best efforts to encourage a resolution of the issue between the Developer and that entity. If the City, despite its best efforts, is not able to bring about an amicable resolution, Developer solely shall be responsible for the fees or charges imposed by the entity. (e) Deferral of Payment of Certain City Development Impact Fees. Developer may defer payment of the City's Public Facilities Fee, Traffic Development Fee (which may be offset by credit described in Subsection (f), below), City Water Connection Fee, and City Sewer Connection Fee, which are otherwise due when Developer obtains a building permit for each residence, until the earlier of: (i) final inspection for that residence; (ii) issuance of a certificate of occupancy for that residence; or(iii)turn-on of natural gas for that residence. (1) Credits Towards City Traffic Development and Public Facility Fees. 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 8