Roadway Facilities. Upon final acceptance of the Roadway Facilities by the City, which shall not be unreasonably withheld, conditioned or delayed, the City shall reimburse and/or credit Developer in an amount equal to the lesser of (i) the Final Facilities Costs for the Roadway Facilities, as evidenced by the Documentation; or (ii) $1,459,989.60 (which is equivalent to $1,216,658.00, plus twenty percent (20%) of $1,216,658.00) (“Maximum Roadway Reimbursement Amount”). The Reimbursement shall be provided solely through the application of credits against Roadway Impact Fees otherwise due from the Project (applied at the time of building permit) and/or reimbursement of Roadway Impact Fees paid at the time of building permit, and there shall be no other source of Reimbursement for costs associated with Roadway Facilities even if the Final Facilities Costs for the Roadway Facilities exceed the amount of Roadway Impact Fees otherwise due from the Property.
Roadway Facilities. For the purpose of this Section 3.B, a modification or change does not result in an increased impact on Roadway facilities so long as it is demonstrated that: (a) such changes or modifications do not result in an increase in the number of the PM Peak Hour Trips for which Village A and Village B are, cumulatively, vested (743 PM Peak Hour Trips); or (b) such changes do result in the generation of more PM Peak Hour Trips than Village A and Village B are vested for under this Agreement, but there is otherwise adequate capacity on the impacted roadway network for the such development, with the changes, to comply with the Concurrency Management Regulations.
Roadway Facilities
