ORD 2285 - Laserfiche WebLink

Section 3.6 Building Permit and Processing Fees. a. Building Permit. Subject to Section 3.4, Developer shall pay to City building permit fees in accordance with the City's fee schedule in effect at the time Developer submits the applications for building permits. b. Processing Fees. Developer shall pay to City the City's reasonable application processing fees for the Project in accordance with the City's fee schedule in effect at the time Developer submits the applications for Subsequent Approvals (defined in Section 4.4 below). Section 3.7 DSRSD, Zone 7. Tri -Valley Transportation Development Fees. Included within attached DA Exhibit D and DA Exhibit E is a list of fees and fee estimates collectible by City on account of the Dublin San Ramon Services District ("DSRSD"), Zone 7 Water Agency ("Zone T') for sewer and water connections, respectively, and the Tri -Valley Transportation Development Fee on account of the Tri -Valley Transportation Council ("TVTC'), for the Project. The Parties acknowledge that DSRSD, Zone 7 and TVTC, and not City, control the amount and timing of payment of such fees. Developer shall pay to City the amount of such DSRSD, Zone 7, and TVTC fees then in effect when payment is due or any such other amount that may be agreed upon in writing by Developer and DSRSD, Zone 7, or TVTC. Section 3.8 Deferral of Payment of Certain City Development Impact Fees. Developer may defer payment of the City's Capital Facilities Fee, Traffic Development Fee, City Water Connection Fee and City Sewer Connection Fee, which are otherwise due when Developer obtains a building permit for each residence, until the Final Inspection for that residence; provided, however, that prior to issuance of a building permit for that residence, Developer executes a promissory note in favor of City, secured by a deed of trust, in the amount of the deferred fees due for such residence, which amount shall be due and payable prior to Final Inspection for such residence. For purposes of this Agreement, "Final Inspection" shall mean building permit approval/sign off. The City agrees that upon payment in full of the deferred fees, it shall promptly execute all such documents necessary for a title insurer to remove the deed of trust from title to the applicable residence. The Parties agree that deferral of payment of any of the above-mentioned fees does not apply to any third -party fees including but not limited to fees imposed by DSRSD, Zone 7, and the Pleasanton School District. ARTICLE 4 City Obligations Section 4.1 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving and securing capacity and/or supply for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project. Section 4.2 Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project Site become functionally outdated, within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA.