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<br />1 . <br /> <br />Property or the Project, and further provided that credit is available to the Developer, when <br />appropriate, for improvements completed or to be completed by the Developer at the Developer's <br />expense (e.g., if Developer constmcts or installs improvements that will benefit property of <br />greater geographic scope than the Property). <br /> <br />(f) Childcare. <br /> <br />(i) Notwithstanding any City Law to the contrary in effect as of the Effective <br />Date or hereafter enacted, Developer shall have no obligation to provide childcare <br />facilities or services in excess of the demonstrated demand for childcare generated by the <br />residential portion of the Project. Developer may satisfy such demand by electing, in <br />Developer's discretion, any of the methods described in paragraphs (iii), (iv), (v) or (vi) <br />below. <br /> <br />(ii) The Parties acknowledge that the developer/operator of the hotel <br />anticipated to be developed on the Property (the "Hotel") shall be responsible for <br />providing for childcare services for Hotel employees by either: (i) providing a facility for <br />childcare services (the "Hotel Childcare Facility") either on-site at the Hotel or off-site <br />within the Bair Island Road area (provided that in either case, the Hotel Childcare <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 below, and Developer shall have no responsibility <br />therefore unless Developer is the developer/operator of the Hotel. The City has <br />completed a comprehensive independent study which concludes that the childcare <br />demand associated with the Hotel is estimated to be 30 children, of which one-half are <br />expected to be school age, and the other half are expected to be infants and/or preschool <br />age. Developer accepts this evaluation, and therefore, if Developer or the <br />developerlHotel operator, as applicable, elects to pay the in lieu fee, the total obligation <br />shall be $450,000 (the "Hotel Cbildcare Contributioo"). The Hotel Childcare <br />Contribution shall be payable upon City's issuance of a building permit for the Hotel. <br /> <br />(iii) The City has completed a comprehensive independent study which <br />concludes that the childcare demand associated with the residential component of the <br />Project is estimated to be at least 34 children, of which one-half are expected to be school <br />age, and the other half are expected to be infants and/or preschool age (the "Project <br />Childcare Demand"). Developer accepts this evaluation. The intent 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 more residential units. The Parties agree that (a) such on-site <br />residential unit(s) may be offered for rent or sold to Eligible Purchasers (as defined in the <br />Affordable Housing Plan (defined below)), and (b) such residential unites) shall count <br />toward satisfaction of Developer's obligation to provide On-Site Affordable Homes (as <br />described in the Affordable Housing Plan). Ifproperly licensed on-site family child care <br />homes are provided in any of the frrst three residential phases of the Project, then for the <br />purpose of determining Developer's obligations under paragraphs (iv), (v) and (vi) <br /> <br />ATIY/AGR/2008.013 <br />022708 <br /> <br />10 <br />