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93103418 diligence and in good faith to enter into binding agreements with any such entity in order to assure the availability of such permits and approvals or services. To the extent allowed by law, Developer shall be a party or third-party beneficiary to any such agreement and shall be entitled to enforce the rights of Developer or City thereunder or the duties and obligations of other parties thereto. (b) water availability shall be subject to the City's rules and regulations in effect at the time building permits are applied for. The City shall withhold building permits for the Project if, at the time building permits are applied for, mandatory water rationing is in effectunder a program precluding the issuance of building permits for the Project, unless the City has adopted a water offset program and unless the Developer is participating in the program. 3.5 additional Fees. Except as set forth in this Agreement, City shall not impose on the Project any further or additional fees, taxes or assessments, whether through the exercise of the police power, the taxing power or any other means, other than those prescribed in this Agreement, provided that (a) if City forms an assessment or similar district including the Property, and such district is City-wide, the Property may be legally assessed through such district based on the benefit to the Property, which assessment shall be consistent with the assessment of other property in the district similarly situated (but in no event shall Developer's obligation to pay any such assessment result in a cessation or postponement of construction of the Project or affect in any way Developer's rights in respect of the Project) ; (b) City may charge Developer fees which are in force and in effect on a City-wide basis under Existing City Laws, but at the rate applicable at the time application is submitted, for the following: building and related construction permit fees (including plan review and site inspection) ; fire department fees (including sprinkler) ; disabled persons review and field inspection fee; City water and water meter fees; Lower Income Housing Fee; and, subject to limitations contained in a separate agreement between the Parties entered into concurrently herewith, sanitary sewer fees; (c) any applicable school district fees, Zone 7 drainage and water fees, and other fees required to be collected by City on behalf of and for the benefit of other governmental agencies or instrumentalities, provided that the same are payable in respect of the Project notwithstanding Developer's rights and benefits under this Agreement; and (d) the City may adopt an ordinance for a City-wide traffic mitigation fee uniformly applied and applicable to all new construction. The Parties acknowledge that the provisions contained in this Section 3.5 are intended to implement the intent of the Parties that Developer has the right to develop the Project pursuant to specified and known criteria and rules, and that City receive the benefits which will be conferred as a result of such -9-