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<br />relevant terms and conditions of the Funding Programs that would apply to other <br /> <br />property owners and/or developers subject to such fees. <br /> <br />Section 3.05 No Obligation to Pay Funding Program Fees. In the <br /> <br />event Owner does not undertake Project and does not obtain any Project <br /> <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 on East Bayshore Road and Blomquist Street, City shall not subject <br /> <br />Owner to any further obligation to pay, contribute, or otherwise provide Roadway <br /> <br />Assessment District Fees or Citywide or Areawide Traffic Impact Fees, or any <br /> <br />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 the improvements of <br /> <br />East <br /> <br />Bayshore <br /> <br />Road to <br /> <br />Blomquist Street, <br /> <br />construction of Roadway <br /> <br />Agmt-165 <br />f/sh/sh/RC/Council <br />FXS:rg <br />07/01/98; 07l17/98R107/22/98 <br /> <br />9 <br />