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FULL PACKET_2019-12-03
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FULL PACKET_2019-12-03
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
12/3/2019
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4.3.2 Time of Payment. The fees required pursuant to Subsection 4.3.1 shall <br />be paid to CITY prior to the issuance of building permits for each residential unit. No fees <br />shall be payable for building permits issued prior to the Effective Date of this Agreement, but <br />the fees required pursuant to Subsection 4.3.1 shall be paid prior to the re -issuance or extension <br />of any building permit for a residential unit for which such fees have not previously been paid. <br />4.3.3 Fee Credits. OWNER shall be entitled to credit against the fees <br />required pursuant to Subsection 4.2.1 for the dedication of land, the construction of <br />improvements or the payment of fees as specifically set forth in Exhibit "E. <br />4.3.4 Future Development Impact Fee Program Changes. The Parties <br />hereby agree that, in addition to the Development Impact Fees included in Exhibit `D", the <br />Project shall be subject to any increase in fees, or amendment or alteration, of Development <br />Impact Fee programs in effect on the Effective Date. <br />4.3.5 Prepayment. In no event shall the prepayment of any Development <br />Impact Fees required hereunder establish a vested right on the part of OWNER or any other <br />owner of the Property or any person or entity with an interest therein to develop the Project or <br />the Property following the expiration, cancellation or termination of the Term of this <br />Agreement. Following the expiration, cancellation or termination of this Agreement, all <br />Development Impact Fees then in effect shall be applicable to the Project and Property <br />notwithstanding any provision of this Agreement and notwithstanding the prepayment of the <br />Development Impact Fees set forth in Exhibit `D", any increase or amendment of any <br />Development Impact Fee, or any combination thereof. Nothing contained in this Subsection <br />4.3.5 shall be construed as limiting the right of OWNER to a credit against any Development <br />Impact Fees as set forth in Section 4.3.3 hereof. <br />4.4 Dedication of On -Site Easements and Riehts of Way. OWNER shall <br />dedicate to CITY all on -site rights of way and easements deemed necessary for public <br />improvements as indicated on the approved Development Plan for the Project within <br />15 days of receipt of written demand from CITY. <br />4.5 Timine of Construction of Off -Site Infrastructure. Approval of any <br />issuance of final approval for occupancy on the Property shall be conditioned upon <br />CITY's determination, in its sole discretion, that sufficient progress is being made on <br />construction of off -site infrastructure serving development of OWNER's Property. <br />4.6 Santiago Park Access. OWNER shall grant the City a public use, <br />access, ingress, and egress easement in perpetuity on and within the Development to <br />provide public access to Santiago Park. The scope, location, and all aspects of the <br />easement shall meet the requirements reasonably set forth by the City as determined <br />by the Executive Directors of the Parks, Recreation and Community Services, Public <br />Works, and the Planning and Building Agency and consistent with the conceptual <br />design as described/depicted on Exhibit F <br />4.6.1 Owner shall be responsible for the ongoing maintenance of the <br />easement area. The easement area shall be maintained consistent with City standards <br />and to City's reasonable satisfaction at all times. <br />4.6.2 Reserved. <br />16- <br />
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