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3 <br /> <br /> Mr. Roush stated that there was a section that referred to that Dower: however D\ <br /> entering into the agreement and paying the school facilities fees, a developer will not ~e faced <br /> with the potential of a moratorium over school facilities issues. <br /> <br /> Mr. Pico then referred to the Cooperative Agreement and asked why it was based on an <br /> out of date general plan estimate of 20,000,000 square feet at build out. He believed that <br /> created a commitment to build that much. He was also concerned about the assumptions for <br /> school facilities which are based on the general plan assumptions. He asked if the School <br /> District was satisfied that the assumptions were correct. <br /> <br /> Mr. Eddinger indicated they had revisited the numbers many times and were very <br /> CO confident in terms of new students from new development. With regard to students from <br />Ce) existing development, they were not as certain. However, it is the School District's <br />C~ responsibility to meet the needs of existing growth. <br /> <br /> Mr. Pico also wanted it clear that the city would be involved in any negotiations <br /> regarding alternative financing, such as Mello-Roos financing. He did not want the city to be <br /> required to agree with Mello-Roos type financing. <br /> <br /> Mr. Pico then indicated his concern about the timing between the determination that a <br /> shortfall exists and when a home builder actually pays its contribution. He was concerned that <br /> there appears to be a year and a half during which a shortfall exists and building permits are still <br /> being issued. <br /> <br /> Mr. Tarver indicated the School District and the City are doing three-year projections, <br /> which will give an idea of how many units are to be built. The determination of a shortfall will <br /> occur three years in the future and that should give enough time to take care of the situation. <br /> <br /> Ms. Dennis referred to page 18 and the reference to default. She asked for clarification <br /> of the circumstances that would cause a default. <br /> <br /> Mr. Roush indicated this referred to a method of enforcing the agreement, not just to the <br /> payment of fees. <br /> <br /> Ms. Dennis then referred to page 11 and indicated there is a debate on what are the true <br /> expenses of a school. How does one determine the mount of "state or other funds". She also <br /> asked if there were provisions to cover conversion of affordable housing or added square footage <br /> to existing homes. <br /> <br /> Mr. Roush indicated that when a particular use is changed, then the fees can be <br /> renegotiated. The 5,000 sq.ft. limit was discussed and it was explained that there does not seem <br /> to be a nexus on bigger houses generating more children. The 5,000 square feet cap should be <br /> in both Agreements. <br /> <br /> 9/1/93 - 3 - <br /> <br /> <br />