PC-2026-10 - Laserfiche WebLink

h. The Parties agree that the obligations set forth in this Agreement are conditioned upon the approved annexation of the Property into the City of Pleasanton. Upon approval of the Project Approvals by City, City agrees to act in good faith, in collaboration with Developer, to support and timely process the annexation application with LAFCo. The Developer shall be responsible for all costs associated with the annexation, including but not limited to preparation of the LAFCo application, LAFCo application submittal fees, and any other City-related annexation fees. Developer shall prepare the application for annexation of the Property for the City’s review and approval no later than three (3) months from execution of this Agreement, unless extended by written agreement of the Parties. Annexation of the Property shall be completed as soon as possible but no more than18 months from execution of this Agreement, unless extended by written agreement of the Parties. If annexation proceedings are not completed within this time period, subject to any agreed upon extension(s), this Agreement shall be terminated and shall have no further force and effect, subject, however, to the provisions of Sections 6.2, 6.3 and 6.4. Section 3.4 City Development Fees and Exactions. Notwithstanding any provision herein to the contrary and in accordance with and subject to this Article 3 and Exhibit C, during the Initial Term, Developer shall be responsible for those types of development impact fees and exactions and the amounts thereof, and other building permit and development-related fees, which are in effect as of the Effective Date. Included within attached DA Exhibit C is a complete list of the types and amounts of the City development impact fees and exactions applicable to the Project at the time this Agreement is entered into (including those set forth below in this Article 3) (collectively, “City Impact Fees”), as well as a complete list of all other building permit and development-related fees applicable to the Project and collectible by City (for City’s own account or on account of other agencies as set forth in Section 3.7) (all such other fees collectible by City for its own account are referred to collectively as “Other City Fees”). The actual amount of the City Impact Fees and Other City Fees to be paid by the Developer, including any Fee Credits included in this Agreement, shall be those fees set forth in Exhibit C, plus the required annual escalator, for each residential unit within the Project. During the Initial Term, Developer shall also pay those periodic increases or adjustments (cost of living or construction engineering indexes) in effect at the time of the building permit issuance for each residential unit within the Project. During the Extended Term, if any, Developer shall pay to City the City Impact Fees, Other City Fees and any applicable new fees and exactions, and other building permit and development-related fees, which are set forth in Exhibit C for each residential unit within the Project. Section 3.5 Traffic Impact Fee Credit. Developer shall be entitled to a credit against applicable City Impact Fees (“TIF”) in the total amount of $370,000. The TIF credit is granted in recognition of the Developer’s design and construction of the traffic signal and related improvements at the intersection of Dublin Canyon Road and Canyon Meadows Drive, as required under this Agreement. Section 3.6 Inclusionary Housing. Developer shall pay the affordable housing fee, which obligates Developer to pay in-lieu fees in the amounts as further detailed in DA Exhibit C, and consistent with Municipal Code Chapter 17.40.