Limitation on Development Impact Fees Sample Clauses

Limitation on Development Impact Fees. The Project Site shall not be subject to any development impact fee enacted or revised after the Effective Date of this Agreement unless it applies on a City-wide basis (although zones of benefit may be designated by City with charges allocated among the properties within such zones based upon the benefit received by such properties). Any development impact fees levied against or applied to the Project must be consistent with the provisions of applicable California law, including the provisions of Government Code Section 66000 et seq. (“AB 1600”). Developer retains all rights to protest an imposition, fee, dedication, reservation, or other exaction, as set forth in California Government Code Section 66020. Nothing in this Agreement shall diminish or eliminate any of Developer’s rights set forth in such Section 66020. If the City adopts a Xxxxxx Act Fee pursuant to Government Code Section 66477, such fee shall not apply to Project residential units and/or lots that have paid (or received credit or reimbursements pursuant to Section 5.J) for park and recreation impact fees. Also, any Xxxxxx Act Fee adopted shall not apply to the Project until a revision to the park and recreation fee is adopted related to the programs to be covered by the Xxxxxx Act Fee. In other words, in no event shall the Project pay for the same public benefit through both the park and recreation fee and Xxxxxx Act Fee.
Sample 1
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