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a. To adopt the necessary ordinance(s) and/or resolution(s) to authorize <br /> the collection of the Tri-Valley Transportation Development Fee <br /> within its iurisdiction; <br /> <br /> b. To require each proiect developer to pay the Tri-Valley Transportation <br /> Development Fee prior to issuance of building permits for the proiect <br /> to the extent permitted by law. <br /> <br /> c. To levy the Tri-Valley Transportation Development Fee on all <br /> development proiects not legally precluded from the fee. <br /> <br /> d. To apply the fee on all "significant" changes to existing development <br /> agreements adopted after January 1, 1998. The TVTD Fee shall be <br /> applied to all components of a proiect that are subiect to an amended <br /> or renewed development agreement. As used herein, "significant" <br /> means any of the following: (i) change in land use type (e.g., office t~ <br /> retail); (ii) intensification of land use types (e.g., increases in square <br /> footage of approved Office); (iii) extension of term of development <br /> agreements; and (iv) reduction or removal of proiect mitigation <br /> requirements or conditions of approval. <br /> <br /> e. To exempt from the fee public schools, Subsidized Housing <br /> Development, and the govemmental buildings owned by any public <br /> entity unless a Party can and does impose the TVTD Fee on <br /> govemmental buildings of a public entity other than one of the Parties. <br /> <br /> Section 6. <br /> Tri-Vallev Transportation Development Fee ACcounts <br /> <br /> a. Each Party shall place the TVTD Fees in an interest-bearing individual <br /> account to be used specifically for the TranSportation Improvement <br /> Proiects. The deposits in each account shall be invested in the same <br /> manner as other funds of the Party. For investment purposes the <br /> funds may be pooled with other funds as long as separate accounting is <br /> maintained and the account is credited ~vith the investment earnings. <br /> <br /> b. A "Joint TVTD Fee Account" shall be established by the "Treasurer". <br /> Each Party shall transmit to the Treasurer within 30 days of the end of <br /> each quarter not less than 80% of all TVTD Fees collected by that <br /> <br />Joint Exercise of Po~vers Agreement Page 7 of 22 <br />TVTD Fees for Traffic Mitigation April 24 1998 <br /> <br /> <br />