ORD 1792 - Laserfiche WebLink

5.4 Processing During Third Party Litigation. The filing of any third party lawsuit against City or Developer relating to this Agreement or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, or issuance of Discretionary Approvals or Ministerial Approvals, unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. 6. Subsequently Enacted or Revised Fees, Assessments and Taxes. 6.1 Developer to Pay Current Fees. It is not the intent of this Agreement that applicable City fees that are normally and customarily applied to developments of the type and character of the Project shall be frozen as of any point in time. Developer shall be subject to the normal and customary fees then in effect in City at the time such fees are assessed or are to be paid, provided that (1) such fees have general applicability either under the NSSP or on a City-wide basis and do not discriminate against Developer; (2) the application of such fees to the Property or Project is prospective; and (3)the application of such fees would not prevent development in accordance with this Agreement. 6.2 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project or the Property provided that: (1) the application of such taxes to the Project or the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 6.3 Assessments. Nothing contained herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 6.4 Right to Contest. Nothing contained herein shall prevent Developer from paying any such fee, tax, or assessment under protect, or otherwise asserting its legal rights to protest or contest a given fee, tax, or assessment assessed against the Project or the Property. 7. Developer's Obligation to Construct or Fund Improvements. 7.1 East-West Collector Road. Developer agrees to construct the portion of the East-West Collector on the Property. Specifically, Developer shall be responsible for design and construction of the portion of East-West Collector referred to in the NSSP to the extent located within the Project (i.e., approximately 1,400 lineal feet from the terminus of the portion currently under construction by Greenbriar). Construction of the East-West Collector shall be governed by the terms of the City's general subdivision improvement agreement when executed between City and Developer in connection with approval of the first final subdivision map for the project, including but not limited to, bond requirements and timing. 7.2 Sewer and Water Infrastructure. Developer agrees to fund its share as part of a group of developers (the "Funding Developers", which group will include Developer, Black -7- 10/21/99