RecDoc 2018-088890 Strada Development Agreement 1548 Maple, LLC

Browse Search

Section 5.9 Sanitary Sewer and Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water supply and dry weather sanitary sewer treatment capacity to serve future development contemplated by the General Plan, including the Project. However, as noted in Section 5.1 above, nothing in this Agreement is intended to exempt the Project or the Property from any water use rationing requirements that may be imposed on a City-wide basis from time to time in the future or be construed as a reservation of any existing sanitary sewer treatment capacity or potable water supply. Section 5.10 Conditions of Subsequent Approvals. No conditions imposed on Subsequent Approvals shall require dedications or reservations for, or construction or funding of, public infrastructure or public improvements beyond those included in the Existing Approvals, except as required or expressly permitted by this Agreement. Section 5.11 Proiect Approvals and Applicable City Reaulations. Prior to the Effective Date, the Parties shall have prepared two (2) sets of the Existing Approvals and Applicable City Regulations, one (1) set for City and one (1) set for Developer, to which shall be added from time to time, Subsequent Approvals, so that if it becomes necessary in the future to refer to any of the Project Approvals or Applicable City Regulations, there will be a common set available to the Parties. Failure to include in the sets of Project Approvals and Applicable City Regulations any rule, regulation, policy, standard, or specification that is within the Applicable City Regulations and Project Approvals as described in this Agreement shall not affect the applicability of such rule, regulation, policy, standard, or specification. ARTICLE 6. FEES, TAXES AND ASSESSMENTS Section 6.1 Developer Fees. A. Impact Fees (1) For the period commencing on the Effective Date and continuing for the Term, Developer shall pay when due all Existing Impact Fees applicable to the Project in accordance with this Agreement in effect as of the Effective Date at the rates in effect as of the Effective Date, subject to any rate escalators in effect on the Effective Date or in the absence of any built in rate escalators, the Default Escalator. Developer shall not be required to pay any escalation in an Existing Impact Fee in excess of the applicable rate escalator in effect on the Effective Date or in the absence of a built in rate escalator, the Default Escalator. For the period commencing on the Effective Date and continuing until the second (2"d) anniversary of the Effective Date (the "Impact Fee Lock Period"), City shall not charge and Developer shall not be subject to any New Impact Fee(s). Notwithstanding the foregoing or any other provision hereof to the contrary, following expiration of the Impact Fee Lock Period, City may charge and, subject to Developer's right to protest and/or pursue a challenge to any New Impact Fee as set forth in California Government Code Section 66020, Developer shall pay any and all New Impact Fees imposed by City; provided, however, City shall only require Developer to pay New Impact Fees that are uniformly applied by City to all substantially similar types of development projects and properties. 28 OAK #4843-3885-9090 vi I ATTY/AGR/2018.094/STRADA DEVELOPMENT AGREEMENT REV: 07-27-18 VR Page 28 of 94