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WHEREAS, the MND Traffic Analysis further shows that the addition of traffic generated by the Project and other developments in its vicinity (generally referred to as "Other Developments) will exacerbate existing traffic delays at and in the vicinity of the Whipple AvenueNeterans Boulevard intersection; and WHEREAS, as of the date of City's approval of this Agreement, City has not adopted a Citywide or Areawide traffic impact fee program applicable to the Project pursuant to Government Code Section 66000, et seq. (the "Mitigation Fee Act"; the Citywide or Areawide Traffic Impact Fee Program"), nor has City established an assessment district or other financing mechanism to fund roadway improvements to mitigate traffic impacts from existing, approved, and/or pending developments at and in the vicinity of the Whipple AvenueNeterans Boulevard intersection; and WHEREAS, City may consider the formation of a Citywide or Areawide Traffic Impact Fee Program pursuant to the Mitigation Fee Act, the Municipal Improvement Act of 1911 (Sts. & Hy. Code § 5000, et seq.), the Municipal Improvement Act of 1913 (Sts. & Hy. Code § 1 DODO, et seq.), or any fair share financing mechanism, and all related State and local laws governing the formation of Assessment Districts (generally referred to herein as the "Roadway Assessment District") in the future. The Citywide or Areawide Traffic Impact Fee Program, the Roadway Assessment District, and other financing mechanism to fund the improvements to mitigate impacts from existing, approved, and/or pending developments in the vicinity of Whipple AvenueNeterans Boulevard intersection shall be referred to as the "Funding Programs"; and Agmt-212 f/sh/shlRC/Councii FXS:rg 11/9/98,11/17/98, 1'2/143/98 2