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2.2 Fees. <br /> 2.2.1 Impact Fees. City may charge and, subject to Developer's right to protest and/or <br /> pursue a challenge in law or equity to any new or increased Impact Fees, Developer shall pay <br /> any and all Impact Fees imposed by City including new Impact Fees adopted after the Effective <br /> Date; provided, however, City shall only require Developer to pay new Impact Fees (including <br /> increases in Impact Fees) that are uniformly applied by City to all substantially similar types of <br /> Development Projects and properties. In addition, City may impose and Developer shall comply <br /> with those Exactions required by this Agreement and the Existing Approvals. Notwithstanding <br /> the above, in the event that City implements a new Impact Fee to address the specific <br /> infrastructure or other needs that Developer is addressing through the Existing Approvals and <br /> provision of those public benefits described in Article 3 below, the new Impact Fee shall be <br /> reduced by an amount equal to the amount of the applicable Contribution to be provided by <br /> Developer, including such amounts that have not yet become due. The reductions shall be as <br /> follows: <br /> (a) For any new Impact Fees addressing storm water, drainage or flood <br /> control, the reduction shall be $1,000,000, which is equal to the Storm Water Contribution. <br /> (b) For any new Impact Fees addressing recycled water supply, the reduction <br /> sha11 be the amount paid by Developer to extend the City's recycled water supply infrastructure <br /> to the Project as required by the Precise Plan, or, if the recycled water supply infrastructure has <br /> not been constructed, the amount reasonably estimated to be expended by Developer for such <br /> infrastructure. <br /> (c) For new Impact Fees addressing vehicle trip reduction, including Impact <br /> Fees supporting bicycle, bus, shuttle and other transit infrastructure and operations, the reduction <br /> shall be the sum of the following: (i) the Bicycle Contribution, including any increase based on <br /> the ENR Index as of the date of payment of the new Impact Fee; (ii) the Bus Shelter <br /> Contribution, including any increase based on the ENR Index as of the date of payment of the <br /> new Impact Fee; and (iii) the amount expended and reasonably estimated to be expended over <br /> the duration of the TDM Program for the provision of shuttle service between the Project site and <br /> the downtown Redwood City Caltrain station, including capital costs associated with purchase of <br /> shuttle vans or buses and operation and maintenance costs of providing such shuttle service. <br /> (d) For new Impact Fees addressing offsite street improvements eligible for <br /> funding through the Neighborhood Street Enhancement Program, the reduction shall be the <br /> Neighborhood Streets Enhancement Program Contribution, including any increase based on the <br /> ENR Index as of the date of payment of the new Impact Fee. <br /> (e) For new Impact Fees addressing child care, the reduction shall be the <br /> amount paid by Developer to construct the child care facility required by the Precise Plan, or, if <br /> the child care facility has not been constructed, the amount reasonably estimated to be expended <br /> by Developer for such facility. <br /> (fl For new Impact Fees addressing parkland or open space, the reduction <br /> shall be $10,000,000. <br /> 13 <br /> ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT <br /> REV: 08-14-13 PT <br />