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the Project and (3) $400,000 at issuance of the 100th residential building permit in the Project <br />(including model homes). <br />e. Provide senior market rate and senior affordable moderate-income <br />housing that will promote and serve the housing needs of seniors within the City. <br />f. Developer agrees that it will not receive any Capital Facilities Fee Credits <br />or any Traffic Fee Credits in connection with this Project. <br />Section 3.3 Vested Development rights. Subject to annexation and the terms <br />of this Agreement, the Project shall vest in accordance with this Agreement, and the Developer <br />has the right to develop the Project and use the Project Site in accordance with: <br />a. The City’s General Plan, the Pleasanton Municipal Code and the Project <br />Approvals in effect on the Vesting Date; <br />b. All other City policies, ordinances, resolutions, rules, regulations, and <br />standards applicable to development or use of the Project Site on the Effective Date, except that <br />Developer shall: <br />1. Pay the City Impact Fees and Other City Fees, as such fees are <br />defined in Section 3.4 below, at the time of issuance of building permits for each residential unit, <br />in the amounts determined by Section 3.4 below. <br />2. Comply with the Building Code requirements in effect on a City- <br />wide basis at time of complete Building plan check submittal. <br />3. Comply with construction and technical design standards or <br />specifications for public improvements that are applicable City-wide at time of complete <br />Subdivision Improvement Plan submittal. In the event the Subdivision Improvement Plan <br />expires, and no construction activities have been started, the City Engineer may, at his/her <br />discretion, require the Subdivision Improvement Plan to be updated to reflect the current <br />technical design standards or specifications for public improvements at the time of renewal or <br />extension. <br />4. Comply with changes in City laws, regulations, plans or policies <br />applicable City-wide, the terms of which are found by the City Council, based on substantial <br />evidence, to be necessary to protect members of the public from a condition dangerous to <br />public health or safety. <br />5. Comply with a change in City law, regulations, plans or policies <br />that is: <br />i. Specifically mandated by state or federal law, or by any <br />regional governmental agency that has legal authority over City under state law or a joint <br />powers agreement; or <br />ii. A result of or in response to state or federal law, or <br />regional agency action, made necessary in order for City to avoid losing or not receiving <br />substantial funding or other substantial public benefits or facilities that would be available to the <br />City only if it makes such a change; or <br />Page 153 of 454