PC-92-80 - Laserfiche WebLink

which to accomplish the purposes herein specified, since the Local Rules provide for all on- or off-site improvements necessary to service the project. 3.4. Buildina Permits and other Approvals. Subject to Developer's receipt of an appropriate design review approval pursuant to section 3.2, Developer shall have the riqht to apply for all approvals required by the Local Rules as prerequisites to construction upon the Property. City shall issue to Developer, upon receipt and expeditious review of each such application, all necessary building permits, occupancy certificates, or other permits required for the construction, use and occupancy of the Project, or any portion thereof, including connection to all utility systems under the city's juriSdiction, subject to compliance with this Agreement and the Local Rules and payment of city's usual and customary development fees and charges for the applications, as specified in this Agreement. 4. ADDITIONAL MITIGATIONS. Pursuant to the Phase I and Phase II PUD's, the "Mitigation Measures Agreement" recorded against Phase I property and the Phase II Development Agreement, Developer was required to participate in mitigation of the Property's development impacts. Developer has mitigated said impacts, both present and future, by direct monetary expenditures and by participation in North Pleasanton Improvement Districts (assessment districts) for fire, water, sewer and traffic infrastructure improvements. The mitigations so funded are sufficient to fund improvements necessary to mitigate the development impacts of the property and the parties hereto agree that the Phase II Development Agreement and Phase I "Mitigation Measures Agreement" shall be of no further force and effect and no future additional mitigations shall be required to develop the Property pursuant to the PUD with the following two exceptions: 1. Condition of Approval, No. 26 for Ordinance No. 1325, concerning recreation, shall continue in full force and effect until satisfied by the Declaration of the Director of community services, which shall be recorded. 2. The undeveloped land within the property may be required to participate in a benefit district to fund the W. Las positas/I-680 Interchange provided the following conditions are met: a. There are intersections within the boundaries of North Pleasanton Improvement District No. 3 which are or are projected to be within one year at a traffic level of service "D" or above (LOS .91 or more) as a result of actual construction; and b. The city has not collected enough funds to pay for the construction of the interchange project from a - 5 - 11 .