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Developer's long term obligations set forth in this Agreement aze in addition to <br />Developer's agreement to perform all the mitigation measures identified in the <br />Mitigation Monitoring Program. <br />Section 3.02. One-Time Fee Paid by Developer. <br />The following fee will be paid by the Developer in addition to those fees which will <br />be paid at the time a building permit is obtained for the construction of dwellings unit <br />on individual lots: <br />Traffic Mitigation Fees: Developer shall pay the City one million <br />dollazs ($1,000,000) into an account for traffic facilities/traffic calming devices, <br />which shall satisfy Developer's obligation for all city traffic mitigation fees in <br />effect on the Effective Date. Such payment shall be made at the time the City <br />approves the first final map for the Project. As a condition of approval of the <br />Project, the City shall require Developer to install a traffic signal at the <br />intersection of Kottinger Drive and Bernal Avenue. The installation of this traffic <br />signal shall be funded from the one million dollars ($1,000,000). Any remaining <br />funds will be applied first to traffic calming measures on Hearst Drive (subject to <br />the City's approval) and, if there aze any remaining funds, they shall be paid into <br />the City's TIF program. During construction of the subdivision improvements, <br />Developer shall also fund the cost of providing a crossing guard at the intersection <br />of Hearst Drive and Concord Street durin tg he regulaz times that children are <br />walking to and from school.-. <br />Section 3.03. Affordable Housine. Of the forty-seven (47) Exempt Permits <br />available to the Developer pursuant to Section 4.07 of this Agreement, <br />twenty (20) shall be used by the Developer to construct affordable housing units <br />and the balance may be used by the Developer, in its sole discretion, for <br />affordable or market-rate units. The twenty (20) affordable units shall consist of <br />five (5) units affordable to Moderate Income Households, ten (10) units <br />affordable to Low Income Households and five (5) units affordable to Very Low <br />Income Households, as those terms are defined in Chapter 17.44 of the <br />Municipal Code as of the Effective Date. The twenty (20) affordable units <br />represent approximately twenty percent (20) of the maximum density (ninety- <br />eight (98) units) allowed on the Project Site under the General Plan as of the <br />Effective Date. In the event all or some portion of the twenty (20) affordable <br />units required under this Agreement have not been constructed within five (5) <br />years of date that the first final map for the Project records„ the Developer shall <br />pay to City the City's "Lower Income Housing Fee" (or "LIRE") for 51 units in <br />the amount then in effect. <br />Section 3.04. Dedications and Improvements by Developer <br />(a) With the recordation of the first final map for the Project, Developer shall <br />dedicate to the City or to a Geologic Hazard Abatement District ("GRAD"), <br />the Board of Directors of which shall be the Pleasanton City Council, and <br />54393\84008v3 <br />