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7. Periodic Review. <br />During each fiscal year, the City Manager shall prepare a report for the City Council, <br />pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee <br />account and identifying the improvements to which the Fee has been applied during the previous <br />fiscal year. <br />8. 5-Year Review. <br />For the fifth fiscal year following the first deposit into the Fee account, and every five years <br />thereafter, the City Council shall make findings with respect to the purpose of the Fee as described in <br />Government Code Section 66001(d). <br />Subsequent Analysis and Revision of the Fee. <br />The Fee set herein is adopted and implemented by the City Council in reliance on the Record <br />identified above. The City may continue to conduct further study and analysis to determine whether <br />the Fee should be revised. When additional information is available, the City Council may review <br />the Fee to determine that the Fee amounts are reasonablyrelated to the impact of development within <br />the City. In addition to the inflation adjustments pursuant to Section 10, below, the City Council <br />may revise the Fee to incorporate the findings and conclusions of further studies and any standards in <br />the General Plan or the Master Plan, as from time to time amended by the City. <br />10. Fee Adjustments. <br />Beginning July 1, 2006 and each July 1 thereafter, as follows, the City Manager shall adjust <br />the amount of the Fee to account for inflation, according to the San Francisco Bay Area Consumer <br />Price Index for All Urban Consumers or the Construction Cost Index, whichever is higher at the time <br />of adjustment. <br />11. Credits and Reimbursement for Developer Constructed Facilities. <br />The City and a developer may enter into an improvement agreement to allow the developer to <br />construct certain of the Facilities. Such an agreement is totally discretionary on the part of the City. <br />Such agreement shall provide for security for the developer's commitment to construct the Facilities <br />and shall refer to this Resolution for credit and reimbursement. If the City enters into such an <br />agreement with a developer prior to construction of one or more of the Facilities, the City shall <br />provide the developer a credit in accordance with the following: <br />a. Credit Amount. The credit shall be in the amount of the lowest bid received <br />for construction of the facility, as approved by the City Engineer. However, in no event shall a credit <br />pursuant to this provision exceed the current facility cost. For the purposes of this Section 11, such <br />current facility cost shall be the amount listed in the Report for that particular facility as subsequently <br />adjusted pursuant to Sections 8 and 9 of this Resolution prior to issuance of the building permit for <br />RESOLUTION NO. 2005-069 7 <br />