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<br />Fee Act"; the Citywide or Areawide Traffic Impact Fee Program"), nor has City <br /> <br />established an assessment district or other financing mechanism to fund the <br /> <br />Emergency Access or other roadway improvements to mitigate traffic impacts <br /> <br />from existing, approved, and/or pending developments along Bayshore Road <br /> <br />and the Bair Island Area and vicinity thereof (the "Roadway Improvements"); <br /> <br />WHEREAS, City may consider the formation of a Citywide or Areawide <br /> <br />Traffic Impact Fee Program pursuant to the Mitigation Fee Act and/or an <br /> <br />Assessment District for the Bair Island Area and/or other appropriate area, <br /> <br />covering all or any portion of Property pursuant to the Municipal Improvement <br /> <br />Act of 1911 (Sts. & Hy. Code § 5000, et seq.), the Municipal Improvement Act of <br /> <br />1913 (Sts. & Hy. Code § 10000, et seq.), or any fair share financing mechanism, <br /> <br />and all related State and local laws governing the formation of Assessment <br /> <br />Districts (generally referred to herein as the "Roadway Assessment District") in <br /> <br />the future. The Citywide or Areawide Traffic Impact Fee Program, the Roadway <br /> <br />Assessment District, and other financing mechanism to fund the Roadway <br /> <br />Improvements or other roadway improvements to mitigate impacts from existing, <br /> <br />approved, and/or pending developments along the Roadway and vicinity thereof <br /> <br />shall be referred to as the "Funding Programs"; <br /> <br />WHEREAS, the formation of Funding Programs is not anticipated to <br /> <br />feasibly occur prior to the issuance of the Project Building Permit; and <br /> <br />WHEREAS, notwithstanding that City has not adopted such Funding <br /> <br />Programs and regardless of whether City has adopted such Funding Programs <br /> <br />Agmt-165 <br />f/sh/sh/RC/Council <br />FXS:rg <br />07/01/98; 07/17/98R107/22/98 <br /> <br />4 <br />