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1.8 Effective Date. The effective date of the Enacting Ordinance <br />pursuant to Government Code Section 65867.5, as specified in Recital] of this <br />Agreement. <br />1.9 Existing City Laws. The City Laws in effect as of the Effective Date. <br />1.10 General Plan. Collectively, the General Plan for the City, including <br />all elements as adopted by the City Council on November 29, 2016. <br />1.11 Impact Fees. The monetary amount charged by the City or <br />equivalent in-kind obligation in connection with a development project for the purpose of <br />defraying all or a portion of the cost of mitigating the impacts of the development project <br />or development of the public facilities related to the development project, including any <br />"fee" as that term is defined by Government Code Section 66O00(b) and including any <br />fees included in the MMRP. <br />1.12 Laws. The laws and Constitution of the State of California, the laws <br />and Constitution of the United States and any state or federal codes, statutes, executive <br />mandates or court decisions thereunder. The term "Laws" shall exclude City Laws. <br />1.13 Mitigation Measures. The mitigation measures applicable to the <br />Project, developed as part of the EIR process and required to be implemented through <br />the MMRP. <br />1.14 MMRP. The Mitigation Monitoring and Reporting Plan adopted as <br />part of the Project Approvals and applicable to the Project. <br />1.15 Mortgage. Any mortgage, deed of trust or similar security <br />instrument encumbering the Property, any portion thereof or any interest therein. <br />1.16 Mortgagee. With respect to any Mortgage, any mortgagee or <br />beneficiary thereunder. <br />1.17 Party. Each of the City and Owner and their respective successors, <br />assigns and transferees (collectively, "Parties"). <br />1.18 Processing Fee. A fee imposed by the City upon the submission of <br />an application or request for a permit or Approval, which is intended to cover only the <br />estimated cost to the City of processing such application or request and/or issuing such <br />permit or Approval and which is applicable to similar projects on a City Wide basis, <br />including but not limited to building permit plan check and inspection fees, public works, <br />engineering and transportation plan check and inspection fees, subdivision map <br />application, review and processing fees, fees related to the review, processing and <br />enforcement of the MMRP, and fees related to other staff time and attorney's time <br />incurred to review and process applications, permits and/or Approvals; provided such <br />fees are not duplicative of or assessed on the same basis as any Impact Fees, <br />4 <br />1677\05\1960134.8 <br />1/17/2017 <br />PAGE 264 <br />