RES 98088 - Laserfiche WebLink

* Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated bv the Part3,, may appeal the determination to the Party's legislative body. If such an appeal is gr. anted by the Party, and the Party adiusts the number of peak-hour trips, the Party shall have such decision ratified by five members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall noti,fy the applicant that the full amount of the fee must be paid by the applicant. Section 10. ]effective Date of Fee The parties desire that the Tri-Valley Transportation Development Fee shall be effective in each jurisdiction on the same date. Accordingly, each party shall time the adoption of its resolution or ordinance imposing the fee in such a manner that the fee shall be effective as of September l, 1998 ("the Fee Effective Date"). Section 11. Strategic Expenditure Plan a. The initial Strategic Expenditure Plan CSEP") is the 580/680 interchange project described in Section 8.a. b. The TVTC shall prepare and, by a unanimous vote of the TVTC, forward to each Party a first amendment to the SEP in the form of a "Circulation Draft" SEP, within six months of the Fee Effective Date. The SEP, as amended, shall include proiect cost and revenue estimates for the TVTD Fee, a prioritization plan and a timeline for proiect delivery. It shall also include reasonable requirements for indemnification and insurance, as appropriate for individual proiects, and shall include requirements that Proiect Sponsors or other entities which construct any of the Proiects defend and indemnify the Parties. The SEP shall also include guidelines governing credit and/or reimbursement for entity-constructed Proiects and developer-constructed Proiects as authorized by, and consistent with, Section 7(d) and (e) and Section 15(a) and (b) , respectively. Appropriate capital improvement procedures shall be reflected in the SEP. Any TVTD Fees retained by Joint Exercise of Powers Agreement Page 14 of 21 TVTD Fees for Traffic Mitigation June 2, 1998