ORD 2158 - Laserfiche WebLink

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 the Property, including, without limitation, amendments or other modifications to any Project Approvals; boundary changes; tentative and final subdivision maps, parcel maps and lot line adjustments; subdivision improvement agreements; design review; conditional use permits; Building Permits; grading permits; encroachment permits; Certificates of Occupancy; formation of financing districts or other financing mechanisms; and any amendments thereto (administrative or otherwise). For any Subsequent Approvals proposed by Developer, Developer shall file an application with City for the Subsequent Approval at issue in accordance with the Existing Rules, and shall pay any applicable Regulatory Processing Fees as are in effect at the time of the application. Provided that such application(s) are in a proper form and include all 9