Ord. 2547 - Laserfiche WebLink

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improvements that benefit the subsequent projects. If the City or other developer has been approved for construction of all or any portion of the City Upsized Recycled Water Line, such that the Developer is not required to design or construct all or a portion of the recycled water line, or any other required improvements, the Developer agrees to pay the Project’s fair share for the portion of recycled water main approved for construction by City or other developer. Without limiting Developer’s obligation to pay all required contributions, Developer agrees to pay the Project’s fair share contributions required to mitigate impacts pursuant to the DTPP SEIR for any subsequent project(s) by the City or other developments, such as a project to upsize to a 30-inch outside diameter pipe for the segment along Marshall Street up through the intersection of the new Franklin Street and James Street, if the City has awarded a construction contract or another developer has received an approved permit for the construction of all or any portion of the City Upsized Water Line before the Developer has received an approved permit for the construction of the Project Recycled Water Pipeline or the City Upsized Water Line under this Section 5.3. Section 5.4 Offsets and Credits. In the event an assessment district is lawfully formed or a similar mechanism is created to provide funding for services, improvements, maintenance or facilities which are substantially the same as those services, improvements, maintenance or facilities being funded by the Impact Fees and/or fair-share contributions identified in Section 5.3 hereof to be paid by Developer under the Project Approvals or this Agreement, then such Impact Fees and/or fair-share contributions payable by Developer shall be subject to reduction/credit in an amount equal to Developer’s new or increased assessment under the assessment district or similar mechanism. Alternatively, the new assessment district or similar mechanism shall reduce/credit Developer’s new assessment in an amount equal to such Impact Fees to be paid by Developer under the Project Approvals or this Agreement. In calculating any reduction or credit, the Parties shall take into account the timing of payment of the Impact Fee and the new or increased assessment. Section 5.5 City of Redwood City Business License. Developer, at its expense, shall obtain and maintain a City of Redwood City business license at all times during the Term, and shall include a provision in all general contractor agreements for the Project requiring each such general contractor to obtain and maintain a City of Redwood City business license during performance of the work of construction. ARTICLE 6. ANNUAL REVIEW Section 6.1 Periodic Review. A. Purpose. As required by California Government Code Section 65865.1, City and Developer shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every 12 months following the Effective Date to determine good faith compliance with this Agreement. Each annual review shall also document the status of the Project development. B. Conduct of Annual Review. The annual review shall be conducted as provided in this Section 6.1. Each year, or by November 25 of each year, Developer shall provide documentation of its good faith compliance with this Agreement during the year by ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A REV: 04-23-25 VR Page 33 of 336