AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

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not apply for any such permits or approvals without Owner's prior written approval. The City shall use its best efforts to promptly and diligently cooperate, at no cost to the City, with Owner in its endeavors to obtain such permits and approvals and, from time to time at the request of Owner, shall proceed with due diligence and in good faith to negotiate and/or enter into binding agreements with any such entity in order to assure the availability of such permits and approvals or services. All such applications, approvals, agreements, and permits shall be obtained at Owner's cost and expense, including payment of City staff time in accordance with standard practices, and Owner shall indemnify City for any liabilities imposed on City arising out of or resulting from such applications, permits, agreements and/or approvals. The indemnifications set forth in this Section 3.3 shall survive the termination or expiration of this Agreement. To the extent allowed by applicable Laws, Owner shall be a party or third party beneficiary to any such agreement between City and such agencies and shall be entitled to enforce the rights of Owner or the City thereunder and/or the duties and obligations of the parties thereto. 3.4 Vesting. The Parties acknowledge and agree that this Agreement vests Owner's rights to develop the Project in accordance with the terms of this Agreement and the provisions of state law concerning development agreements. 3.5 Fees. Notwithstanding any other provision of this Agreement, and notwithstanding the provisions of Section 3.1, at the time any Approvals are applied for, the City may charge Processing Fees to Owner for land use approvals, building permits, encroachment permits, subdivision maps, and other similar permits and approvals which are in force and effect on a City Wide basis at the time Owner submits an application for those permits. The Project shall additionally be subject to all other taxes, assessments, and fees imposed by the City which are in force and effect on a City Wide basis and imposed on taxpayers, land, or Approvals, except that Impact Fees shall be imposed as provided in Section 3.6. 3.6 Impact Fees. (a) The City shall not impose any new Impact Fees, including Impact Fees to provide affordable housing, on the Project provided that: (i) a Substantially Complete Building Permit Application is submitted to the City for the underground parking garage within three years of the Effective Date; and (ii) a building permit for the underground parking garage is issued within three years and six months of the Effective Date. Notwithstanding the foregoing, the City may impose increases in existing Impact Fees on the Project that are in force and effect on a City Wide basis at the time Owner submits an application for or receives an Approval that is subject to such increases in existing Impact Fees. As specified in Section 10.1, the time limits in this Section 3.6(a) may not be extended unless approved by the City Council and confirmed by the mutual written agreement of the City and Owner. (b) The Owner may receive up to two one year extensions of the period in which new Impact Fees may not be imposed on the Project by paying to the City the following: (i) ten percent (10%) of the amount of the new Impact Fee that would 7 1677\05\1960134.8 im/2017 PAGE 267