ORD 2309 - Laserfiche WebLink

Section 3.4 City Development Impact Fees and Exactions; TIF Credits. Notwithstanding any provision herein to the contrary and in accordance with and subject to this Article 3, during the Term, Developer shall be responsible for only those types and amounts of City development impact fees and utility connection fees in effect on December 17, 2024 in accordance with City Council Resolution No. as set forth in attached DA Exhibit G, as the Project is considered to be "already in process" under said Resolution, subject to those annual adjustments pursuant to the ENR Construction Cost Index for San Francisco in effect at the time of the building permit issuance for each residential unit within the Project. Included within attached DA Exhibit H is a complete list of the types and amounts of City development impact fees and utility connection fees applicable to the Project pursuant to this Section 3.4 (collectively, "City Impact Fees"). In addition to City Impact Fees, Developer shall also pay all other applicable fees and exactions, such as building permit and other 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"). An estimate of all City Impact Fees as calculated as of the Effective Date is attached as DA Exhibit H. Other City Fees to be paid by Developer shall be those fees which are in effect at the time of building permit issuance for each residential unit within the Project except as otherwise allowed by state law. The obligations set forth in this Section 3.4 shall be subject to fee credits due to Developer as detailed in DA Exhibit D. Section 3.5 Inclusionary Housing. Developer shall enter into the Regulatory Affordable Housing Agreement ("AHA") in substantially the same form as DA Exhibit B, which obligates Developer to construct a total of forty-eight (48) deed-restricted JADUs within the Project Site for purposes of satisfying City's IZO obligations. After the construction of said JADUs, the rental of same shall be governed by the Regulatory AHA, as further detailed in DA Exhibit B and consistent with Pleasanton Municipal Code Chapter 17.44. Section 3.6 Building Permit and Processing Fees. a. Building Permit. Subject to Section 3.4 above, Developer shall pay to City building permit fees (which fall under the category of Other City Fees) in accordance with City's adopted fee schedule in effect at the time Developer submits the applications for building permits. b. Processing Fees. Developer shall pay to City its reasonable application processing fees (which fall under the category of Other City Fees) for the Project in accordance with City's adopted fee schedule in effect at the time Developer submits the applications for Subsequent Approvals (defined in Section 4.4 below). Section 3.7 Other Agency Fees. The Parties acknowledge and agree that the Project will be subject to applicable fees and fee estimates collectible by City on account of the Dublin San Ramon Services District ("DSRSD"), Zone 7 for sewer and water connections, respectively, and the Tri-Valley Transportation Development Fee on account of the Tri-Valley Transportation Council ("TVTC'), for the Project. The Parties acknowledge that DSRSD, Zone 7 and TVTC, and not City, control the amount and timing of payment of such fees. Developer shall pay to City the amount of such DSRSD, Zone 7, and TVTC fees then in effect when payment is due or any such other amount that may be agreed upon in writing by Developer and DSRSD, Zone 7, or TVTC. 14