Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

Browse Search

ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 18 successful, this Agreement shall remain unmodified and in full force and effect unless the Parties mutually agree otherwise. Section 5.8 Sanitary Sewer and Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water supply and dry weather sanitary sewer treatment capacity to serve future development contemplated by the General Plan, including the Project. However, as noted in Section 5.1 above, nothing in this Agreement is intended to exempt the Project or the Property from any water use rationing requirements that may be imposed on a City-wide basis from time to time in the future or be construed as a reservation of any existing sanitary sewer treatment capacity or potable water supply. Section 5.9 Conditions of Subsequent Approvals. No conditions imposed on Subsequent Approvals shall require dedications or reservations for, or construction or funding of, public infrastructure or public improvements beyond those included in the Existing Approvals, except as required or expressly permitted by this Agreement. Section 5.10 Project Approvals and Applicable City Regulations. Prior to the Effective Date, the Parties shall have prepared two sets of the Existing Approvals and Applicable City Regulations, one set for City and one set for Developer, to which shall be added from time to time, Subsequent Approvals, so that if it becomes necessary in the future to refer to any of the Project Approvals or Applicable City Regulations, there will be a common set available to the Parties. Failure to include in the sets of Project Approvals and Applicable City Regulations any rule, regulation, policy, standard, or specification that is within the Applicable City Regulations and Project Approvals as described in this Agreement shall not affect the applicability of such rule, regulation, policy, standard, or specification. ARTICLE 6. FEES, TAXES AND ASSESSMENTS Section 6.1 Developer Fees. A. Impact Fees. (1) For the period commencing on the Effective Date and continuing until expiration of the Initial Term, (a) Developer shall pay when due all Existing Impact Fees applicable to the Project in accordance with this Agreement in effect as of the Effective Date at the rates in effect as of the Effective Date, subject to any rate escalators in effect on the Effective Date or, in the absence of any built in rate escalators, the CCI; (b) City shall not charge and Developer shall not be subject to any New Impact Fee(s); and (c) Developer shall not be required to pay any escalation in an Existing Impact Fee in excess of the applicable rate escalator in effect on the Effective Date or in the absence of a built in rate escalator, the CCI. (2) During the Extended Term, any and all new Impact Fees adopted before the Effective Date and not applicable to the Project, including without limitation the Parks Impact Fee, or after the Effective Date which are in effect and any increases in Existing Impact Fees above and beyond existing (or, if applicable, CCI) escalation provisions, if any, shall apply to the Project.