ORD 2218 - Laserfiche WebLink

Section 3.03 Development Impact Fees. Except as otherwise specifically set forth in this Article 3 or otherwise herein, Developer shall only pay to City those legally enforceable development impact fees and exactions which are in effect as of the Effective Date. A complete list of these anticipated development impact fees and exactions is attached as Exhibit B, consisting of and dated . Exhibit B reflects the best estimates of City of such development impact fees and exactions based upon information provided by Developer and the application of credits from the previous commercial retail shopping center comprised of approximately 163,500 square feet customarily considered in making such development related calculations. Development impact fees assessed by the City for Phase 1 improvements shall be charged at the rates in place as of the time of the Effective Date of this Agreement. Development Impact Fees assessed by the City for Phase 2 and any subsequent phases of the Project shall be charged at the rates in place as of the date of issuance of the building permits in such phases. Developer shall be eligible to use fee credits from the previous commercial retail shopping center comprised of approximately 163,500 square feet only against fees in the same category, and Developer may choose to apply credits up to the full value of fees due in any phase, with any remaining credit eligible to be carried over into subsequent phases. Fee credits, whether based on dollar amounts or square footage, shall be calculated based on rates in effect at the time of issuance of the demolition permit(April 2021). In the event of new or more detailed information concerning the Project or a change in the Project, the parties to this Agreement recognize these development impact fees and exactions in Exhibit B may change however the total amount of the impact fee credits specified in this section, and the sewer credits and water meter credits due Developer specified in Sections 3.04 and 3.05 below, respectively, shall remain as outlined. Building permit and plan review fees shall be charged at the rates in place as of the date of issuance of the building permits. Developer acknowledges that this Agreement does not control development related fees charged by entities other than the City as more particularly described in the succeeding sections, and that except as otherwise provided herein, Developer shall be responsible for payment of such fees charged by entities other than the City in effect at the time of payment of said fees notwithstanding the fact that the City may collect such fees on behalf of those other entities. In the event of a dispute over payment of fees between Developer and an entity other than the City, upon Developer's request City shall use its best efforts to encourage a resolution of the issue between Developer and that entity. Section 3.04 Dublin San Ramon Services District Fee. The current sewer capacity of the Property and available credit in gallons per day that shall be applied to the new buildings contemplated as part of the Project is set forth in Exhibit C. The cost for any additional needed 4412928_2 -5- June 5 2021