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that facility. Once issued, credit pursuant to this Section 11 shall not be adjusted for inflation or any <br />other factor. Credit provided pursuant to this Section 11 is not transferable. <br />b. Application of Credit. Credit pursuant to this Section 11 maybe applied by <br />developers against the Fee applicable to a particular prof ect until the credit is exhausted or an excess <br />credit results. The total credit shall be divided by the number of units (for a residential project) to <br />determine the amount of credit which can be applied against the Fee for each unit and, if the credit <br />per unit is less than the Fee per unit, the developer shall pay the difference for each unit. If a credit <br />pursuant to this Section 11 is less than the Fee applicable to a particular non-residential development <br />project, the developer shall pay the City the balance in cash. <br />c. Reimbursement for Excess Credit. Reimbursement for excess credit shall <br />only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or <br />acquired and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee <br />revenues, including reimbursement for excess credit, developers with excess credit shall be entitled <br />to reimbursement, subject to such developers <br />i. certifying in writing to the City that the cost of constructing the facility <br />which resulted in an excess credit was not passed on to homeowners, and <br />ii. indemnifying the City from landowner claims for reimbursement under <br />Government Code Section 66000 et seq. and Section 66001 in particular. <br />12. Credit Concerning Quimby Act Dedications and/or Fees Paid. <br />If a developer has dedicated land and/or paid a fee in lieu of dedication for a residential <br />subdivision project under a City ordinance adopted pursuant to the Quimby Act ("Quimby Act <br />Ordinance"), and such residential subdivision project is later subject to imposition of the Fee, such <br />developer shall be entitled to a credit against the Fee in accordance with the following: <br />a. The amount of credit shall equal the park land acquisition element of the Fee <br />applicable to the particular residential subdivision proj ect and in effect at the <br />time for payment of the Fee pursuant to this Resolution. <br />b. The park improvement element of the Fee applicable to the particular <br />residential subdivision project in effect at the time for payment of the Fee <br />pursuant to this Resolution shall continue to apply, notwithstanding any <br />dedication of land and/or payment of a fee in lieu of dedication for the <br />particular residential subdivision project pursuant to the Quimby Act <br />Ordinance. <br />13. Effective Date. <br />This Resolution shall become effective immediately. In accordance with Government Code <br />Section 66017, the Fee shall be effective sixty (60) days from the effective date of this Resolution. <br />RESULliTfON NO. 205-069 g <br />