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

Browse Search

otherwise be imposed on the Project for the first one year extension; and (ii) an additional twenty percent (20%) of the amount of the new Impact Fee that would otherwise be imposed on the Project for the second one year extension. In determining the amount of any affordable housing Impact Fee that would otherwise be imposed on the Project, the City shall provide a credit for the Affordable Housing described in Section 7.4 as provided in the ordinance or resolution establishing the affordable housing Impact Fee. 3.7 Effect of Agreement. This Agreement, the Project Approvals and all plans and specifications upon which such Project Approvals are based (as the same may be modified from time to time in accordance with the terms of the Project Approvals), shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. 3.8 Review and Processing of Approvals. The City shall accept, review and shall use its best efforts to expeditiously process Owner's applications and requests for Approvals in connection with the Project in good faith and in a manner which complies with and is consistent with the Project Approvals and this Agreement. The City shall approve any application or request for an Approval which complies and is consistent with the Project Approvals. Owner shall provide the City with the Processing Fees, applications, documents, plans, materials and other information necessary for the City to carry out its review and processing obligations. Owner shall submit all applications and requests for Approvals in the manner required under applicable City Laws in effect as of the time of such submittal. The Parties shall cooperate with each other and shall use diligent, good faith efforts to cause the expeditious review, processing, and issuance of the approvals and permits for the development and occupation of the Project in accordance with the Project Approvals. 4. Specific Criteria Applicable to the Project. 4.1 Applicable Laws and Standards. Notwithstanding any change in any Existing City Law, including, but not limited to any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise expressly provided in this Agreement, the laws and policies applicable to the Property are and shall be as set forth in Existing City Laws (regardless of future changes in Existing City Laws by the City) and the Project Approvals. Owner shall also have the vested right to develop and occupy or to cause the Property to be developed and occupied in accordance with the Vested Elements; provided that the City may apply and enforce the California Building Standards Code as amended and adopted by the City (including the Mechanical Code, Electrical Code and Plumbing Code) and the California Fire Code as amended and adopted by the City and/or the Menlo Park Fire Protection District, as such codes may be in effect at the time Owner submits a Substantially Complete Building Permit Application for the underground parking garage, provided that: (a) Owner submits Substantially Complete Building Permit Applications for the remaining buildings in the Project within one year of the submittal of the Substantially Complete Building Permit Application for the underground parking garage; and (b) a building permit is issued for the underground parking garage and each subsequent 8 1677\05\1960134.8 1/17/2017 PAGE 268