TRI VALLEY TRANSPORTATION DEVELOPMENT FEES TRAFFIC MITIGATION JPA

* Peak-hour trips Transportation E to by the TVTC. implementing on who is dissatisfi. may appeal the granted by the I Party shall have ! ratification, the I the fee set forth i amount of the fe, The parties desire effective in each jt adoption of its res shall be effective ~ The: inter The ' fotw; "Cir~ The for tl deliv indm and~ whic The reim Proj~ Secti proo will be determined from the latest revision to the Institute of ngineers' Trip Generation Manual or other rate schedule as agreed Notwithstanding the foregoing, the Parties may provide in their [inance or resolution that an applicant for a Land Use Entitlement t with the number of peak-hour trips, as calculated by the Party, etermination to the Party's legislative body. If such an appeal is ~rty, and the Party adjusts the number of peak-hour trips, the uch decision ratified by Five members of the TVTC. Absent such 'arty shall pay the difference between the actual fee imposed and n this Section 9 or the Party shall notify the applicant that the full ', must be paid by the applicant. Section 10. Effective Date of Fee that the Tri-Valley Transportation Development Fee shall be .risdiction on the same date. Accordingly, each party shall time the ~lution or ordinance imposing the fee in such a manner that the fee s of September 1, 1998 ("the Fee Effective Date"). Section 1 I. Strategic Expenditure Plan nitial Strategic Expenditure Plan ("SEP") is the 580/680 :hange project described in Section 8.a. I'VTC shall prepare and, by a unanimous vote of the TVTC, ~rd to each Party a first amendment to the SEP in the form of a ulation Draft" SEP, within six months of the Fee Effective Date. ;EP, as amended, shall include project cost and revenue estimates te TVTD Fee, a prioritization plan and a timeline for project _-ry. It shall also include reasonable requirements for nnification and insurance, as appropriate for individual projects, hall include requirements that Project Sponsors or other entities ~ construct any of the Projects defend and indemnify the Parties. ~EP shall also include guidelines governing credit and/or )ursement for entity-constructed Projects and developer-constructed cts as authorized by, and consistent with, Section 7(d) and (e) and on 15(a) and (b) , respectively. Appropriate capital improvement ~,dures shall be reflected in the SEP. Any TVTD Fees retained by Joint Exercise of Powe rs Agreement Page 14 of 21 TVTD Fees for Traffi~ Mitigation June 2, 1998