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ATTACHMENT6 7.A. - Page 154 2.2 Fees. 2.2.1 Impact Fees. City may charge and, subject to Developer's right to protest and/or pursue a challenge in law or equity to any new or increased Impact Fees, Developer shall pay any and all Impact Fees imposed by City including new Impact Fees adopted after the Effective Date; provided, however, City shall only require Developer to pay new Impact Fees (including increases in Impact Fees) that are uniformly applied by City to all substantially similar types of Development Projects and properties. In addition, City may impose and Developer shall comply with those Exactions required by this Agreement and the Existing Approvals. Notwithstanding the above, in the event that City implements a new Impact Fee to address the specific infrastructure or other needs that Developer is addressing through the Existing Approvals and provision of those public benefits described in Article 3 below, the new Impact Fee shall be reduced by an amount equal to the amount of the applicable Contribution to be provided by Developer, including such amounts that have not yet become due. The reductions shall be as follows: (a) For any new Impact Fees addressing storm water, drainage or flood control, the reduction shall be $1,000,000, which is equal to the Storm Water Contribution. (b) For any new Impact Fees addressing recycled water supply, the reduction shall be the amount paid by Developer to extend the City's recycled water supply infrastructure to the Project as required by the Precise Plan, or, if the recycled water supply infrastructure has not been constructed, the amount reasonably estimated to be expended by Developer for such infrastructure. (c) For new Impact Fees addressing vehicle trip reduction, including Impact Fees supporting bicycle, bus, shuttle and other transit infrastructure and operations, the reduction shall be the sum of the following. (i) the Bicycle Contribution, including any increase based on the ENR Index as of the date of payment of the new Impact Fee; (ii) the Bus Shelter Contribution, including any increase based on the ENR Index as of the date of payment of the new Impact Fee; and (iii) the amount expended and reasonably estimated to be expended over the duration of the TDM Program for the provision of shuttle service between the Project site and the downtown Redwood City Caltrain station, including capital costs associated with purchase of shuttle vans or buses and operation and maintenance costs of providing such shuttle service. (d) For new Impact Fees addressing offsite street improvements eligible for funding through the Neighborhood Street Enhancement Program, the reduction shall be the Neighborhood Streets Enhancement Program Contribution, including any increase based on the ENR Index as of the date of payment of the new Impact Fee. (e) For new Impact Fees addressing child care, the reduction shall be the amount paid by Developer to construct the child care facility required by the Precise Plan, or, if the child care facility has not been constructed, the amount reasonably estimated to be expended by Developer for such facility. (f) For new Impact Fees addressing parkland or open space, the reduction shall be $10,000,000. OAK#4824-6359-3743 vll 13 ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT