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<br /> 13 <br /> <br /> <br />1. Pay the City Impact Fees and Other City Fees, as such fees are defined <br />in Section 3.4 below, at the time of issuance of a building permit for each residential unit in the <br />amounts determined by Section 3.4 below. <br />2. Subject to any applicable exception(s) under state law, comply with the <br />Building Code requirements in effect on a City-wide basis at time of complete building plan <br />check submittal. <br />3. Comply with construction and technical design standards or specifications <br />for public improvements that are applicable City-wide at time of complete Subdivision <br />Improvement Plan submittal. In the event the Subdivision Improvement Plan expires, and no <br />construction activities thereunder 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 (1) required as a result of a specific and identifiable issue in each case that is <br />presently unknown or unforeseeable that would otherwise have an immediate and substantially <br />adverse risk on the physical health and safety of the public, and (2) based on further written <br />findings by the City Council, and transmitted to Developer, specifically identifying, based on <br />objective and quantifiable evidence in the official record, the precise nature and extent of the <br />dangerous or hazardous circumstance(s) requiring such condition or denial or change in <br />Applicable Law, why there are no feasible mitigation or alternatives to the imposition of such <br />condition or denial or changes in the law, and how such condition or denial or new law would <br />alleviate the dangerous or hazardous circumstance (“Public Health and Safety Exception”). <br />5. Comply with a change in City law, regulations, plans or policies <br />that is specifically mandated by state or federal law pursuant to Section 2.3 above. <br />6. Following any subsequent environmental review, comply with required <br />mitigation measures. <br />c. The Parties agree that the obligations set forth in this Agreement are <br />conditioned upon LAFCO approval of the annexation of the Project Site into the City of <br />Pleasanton. Upon approval of the Project Approvals by City, City agrees to act in good faith, in <br />collaboration with Developer, to support and timely process the annexation application with <br />LAFCO. Developer shall be responsible for all costs associated with the annexation, including, <br />but not limited to, preparation of the LAFCO application, LAFCO application submittal fees, and <br />any other City-related annexation fees. Developer shall prepare the application for annexation <br />of the Project Site for City’s review and approval; thereafter, City and Developer shall work in <br />good faith to finalize the annexation application. City shall formally submit the final annexation <br />application to LAFCO no later than fifteen (15) days from the Effective Date of this Agreement, <br />unless extended by Developer as reflected in writing, and provided that, at the Effective Date, <br />City has received all information, exhibits, attachments and documentation necessary to support <br />the application from Developer. Parties shall work cooperatively to attempt to complete <br />annexation of the Project Site within than six (6) months from the Effective Date of this <br />Agreement, unless Developer agrees to extend this timeline as documented in writing to City. <br />   <br /><br />