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Fee Act"; the Citywide or Areawide Traffic Impact Fee Program"), nor has City <br />established an assessment district or other financing mechanism to fund <br />roadway improvements to mitigate traffic impacts from existing, approved, and/or <br />pending developments at and in the vicinity of the Whipple AvenueNeterans <br />Boulevard intersection; and <br /> <br /> WHEREAS, City may consider the formation of a Citywide or Areawide <br />Traffic Impact Fee Program pursuant to the Mitigation Fee Act, the Municipal <br />Improvement Act of 1911 (Sts. & Hy. Code § 5000, et seq.), the Municipal <br />Improvement Act of 1913 (Sts. & Hy. Code § 10000, et seq.), or any fair share <br />financing mechanism, and all related State and local laws governing the <br />formation of Assessment Districts (generally referred to herein as the "Roadway <br />Assessment District") in the future. The Citywide or Areawide Traffic Impact Fee <br />Program, the Roadway Assessment District, and other financing mechanism to <br />fund the improvements to mitigate impacts from existing, approved, and/or <br />pending developments in the vicinity of Whipple AvenueNeterans Boulevard <br />intersection shall be referred to as the "Funding Programs"; and <br /> <br /> WHEREAS, the formation of Funding Programs is not anticipated to <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 />Programs and regardless of whether City has adopted such Funding Programs <br />or any one of them prior to issuance of the Project Building Permit, City and <br />Owner desire to provide for the funding of off-site roadway improvements for the <br />Project in accordance with this Agreement. <br /> <br />F:~ha red~R edwood~Co u ncil~ 2 <br />Reso-547 <br />FXS:fs <br />~/~7/9s 13519 <br /> <br /> <br />