3A Public Hearing 2010 0503 - Laserfiche WebLink

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April 15, 2010 - Final (b) City understands that fees, taxes and assessments were a material consideration for Developer agreeing to site the Project in its present location and to pay long term fees, taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts covering all or any portion of the Project site. Developer agrees that it shall be subject to and shall pay any assessment lawfully imposed on the Project Site or portion thereof in accordance with applicable law. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district or increased assessment on the Project Site except as set forth in subsection (c) below. In the event an assessment district is lawfully formed to provide funding for services, improvements, maintenance or facilities which are the same as those services, improvements, maintenance or facilities being funded by the fees or assessments to be paid by Developer under the Project Approvals or this Agreement which are vested by this Agreement, such assessments to be paid by Developer shall be subject to reduction/credit in an amount equal to such fees or assessments paid by Developer under the Project Approvals or this Agreement. (c) Developer and City agree to cooperate in the formation of an assessment district to cover the cost of Developer's fair share of street maintenance and replacement, sidewalk maintenance, storm drainage, landscape maintenance in public right-of-way, and traffic signal maintenance. The City will determine the amount of the assessment in accordance with all applicable laws. Developer shall not oppose or protest any assessment district lawfully formed pursuant to this subsection and shall pay all assessments imposed by said assessment districts. ARTICLE 6. STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT Section 6.01. Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in accordance with the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals. Developer shall have the vested right to develop Kaiser Buildout any combination of inpatient, outpatient, administrative office expansion, or retail or commercial uses that do not exceed the traffic generation numbers analyzed in the EIR. Section 6.02. Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the maximum height, bulk and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals. 1410321.1 15