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7C <br /> Page 230 <br /> (� Childcare. <br /> {i} Notwi.thsta.n.ding any City Law to lhe contrary in effect as of the Effective <br /> Date or hereafter enacted, Developer shall have no abligation to provide childcare <br /> facilities or services iii excess of the demanstrated demand for cluldcare generated by the <br /> residential portion of the Project. Developer may satisfy s�ich demand by electing, in <br /> Developer's discrenon, any of the methods described in paragraphs (iii}, {iv), (v) or(vi} <br /> below. <br /> (ii) The Parties acknowledge that the developer/operator of the llotel <br /> ai�ticipated to be developed on the Property(the "Hotel") sha11 be responsible for <br /> providing for childcaxe services for Hotel employees by either: {i) providing a facility for <br /> childcare services (the"B[otei Childcare Facilaty") either on-site at the Hotel or off-site <br /> within the Bair Island Road area (pravided that in either case, the Hotel Chitdcare <br /> Facility shall be located at least 500 feet outside the US 101 right-of-way), or(ii)paying <br /> an in lieu fee to City as set forth betow, and DeveZoper shall have no responsibility <br /> therefor unless Developer is the developer/operator of the Hotel. The City has completed <br /> a comprehensive independent study whicl�concludes that the childcare demand <br /> associated with the Hotel is estimated to be 30 children, of which one-l�alf are expected to <br /> be scliool age, and the other half are expected fio be infants andJor preschool age. <br /> Developer accepts this evaivation, and theret'ore, if Developer or tl�e developer/Hotel <br /> operator, as applicable, elects to pay the i�� lieu fee, the tatal obligation shall be$�SO,OUO <br /> (the"Hatel Childcare Contribution"). The Hotel Childcaxe Contribution shail he <br /> payable upon City's issuance of a building permit for the Hotel. <br /> (iii) The City has eompleted a comprehensive independent study which <br /> concl.udes that th.e childcare demand associated with the residential coinponent of the <br /> Project is estimated to be at least 34 children, of which one-half are expected to be scliool <br /> age, and tl:e other half are expected to be infants a�zd/or preschool age (the "Project <br /> Childcare Demand"). Developer accepts this evaluation. The 'rntent of this paragraph <br /> (iii) is to make it possible to meet the Project Childcare Demand in an on-site location at <br /> the Project site in one or inore residentiai uni.ts. The Parties agree that(a) such on-site <br /> residential unit{s) may be offered for rent or sold to �ligible Purchasers (as defned in the <br /> AffordaUle Housing Plan(defned below)), and(b) such residential unit(s} shatl count <br /> toward satisfaction of Developer's obligation to provide�n-Site Affordable Homes(as <br /> described in tl�e Af.fordable Housing Plan). If properly licensed on-site famil.y child care <br /> homes are provided in any of the first three residential phases of tl�e Project, then for the <br /> purpose of determining Developer's obligations under paragraphs (iv}, (v} and(vi) <br /> below, t�1e Project Childcare Dein.and shall be reduced by the number of children for <br /> which such homes are Iicensed to pravide care (i.e., typically six children per home}. <br /> (iv) In Developer's discretion, Developer may elect to provide a dedicaied <br /> childcare facility in the co�nmercial/retail portion of lhe Project(the "Un-Site Childcare <br /> Faciiity") to meet the Project Childcare Demand. Such facility shall not reduce the <br /> 1025R43-G 9 <br /> . DftAFT 12/i2l07 3:00 PM <br />