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<br />Building Permit for the Project, owner shall not be obligated to pay the Funding <br /> <br />Program Fees. <br /> <br />Section 3.06 No Further Traffic Impact Fees. Except as expressly <br /> <br />provided for in Section 3, Owner shall have no further obligation to participate in, <br /> <br />pay, contribute, or otherwise provide any other traffic fees or exactions imposed <br /> <br />by City, or contribute fees, assessments or taxes, or be subject to other <br /> <br />exactions or funding programs or mechanisms in connection with the Project. In <br /> <br />the event Owner seeks any other approval, development permit, or entitlement <br /> <br />from the City regarding the Project which do not materially impact the traffic <br /> <br />condition at, or in the vicinity of, Whipple AvenueNeterans Boulevard <br /> <br />intersection, City shall not subject Owner to any further obligation to pay, <br /> <br />contribute, or otherwise provide Traffic Mitigation Fee or Citywide or Areawide <br /> <br />Traffic Impact Fees, or any other traffic fees or exactions. <br /> <br />Section 3.07 Use of Funds. The payments referred to in Section 2 <br /> <br />above, are intended to be payments toward certain mitigation of the traffic <br /> <br />impacts generated by the Project. It is the intention of the City to use the funds <br /> <br />received from Owner pursuant to Section 2, above, toward improvements at, or <br /> <br />in the vicinity of, the Whipple AvenueNeterans Boulevard intersection, and/or <br /> <br />other traffic mitigation improvements in the vicinity of the Project within ten (10) <br /> <br />years of the Effective Date of this Agreement. All funds received from Owner <br /> <br />may, at City's discretion, be deposited to City's general funds. <br /> <br />Owner <br /> <br />understands and agrees that the construction of the improvements above <br /> <br />referred is, at City's discretion, subject to City's receipt of matching funds from <br /> <br />Agmt-212 <br />f/sh/shlRC/Council <br />FXS:rg <br />11/9/98,11/17/98, 1'2/143/98 <br /> <br />6 <br />