Impact Fees and Exactions. During the first ten (10) years of the Term, as extended by the Litigation Extension (if any), no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges in effect at the time of assessment and (ii) those in effect as of the Effective Date. Starting on the tenth (10th) anniversary of the Effective Date, as extended by the Litigation Extension (if any), all Impact Fees and Exactions in effect at the time of assessment shall apply to any development on the Project Site under this Agreement. For the purposes of this Section 5.4.2, any sums payable as part of the Community Benefits Fee shall not be considered Impact Fees and Exactions.
Impact Fees and Exactions. Without limiting subsection 3(c) above, the Development Agreement shall specify those impact fees and exactions applicable to the Project, which shall include, without limitation, the County’s non-residential affordable housing impact fees (as set forth in Chapter 18.07 et seq. of the Napa County Planning Code), the transportation impact fee established for this Project as established in the MMRP and, subject to agreement between the County and the City of Napa, City impact fees for fire and paramedic facilities. The Development Agreement shall limit the imposition of new impact fees and exactions for the term of the Development Agreement except as may otherwise be expressly provided in the Development Agreement. Any limit on new fees and exactions under the Development Agreement shall not include terms of water service separately negotiated between NRP and the water service provider, the requirements of, and fees payable under Building Codes in effect from time to time generally applicable on a Countywide (or Citywide, in the case of annexation) basis to similar land uses, terms of sewer service separately negotiated between NRP and the Napa Sanitation District as sewer service provider, or other utility connection fees in effect from time to time generally applicable on a Countywide (or City-wide in the case of annexation) basis to similar land uses. The Development Agreement shall not limit the applicability of the County’s Building Code and life safety regulations in effect and as amended from time to time.
Impact Fees and Exactions. 2.3.1 The Project shall only be subject to the Impact Fees and Exactions, as set forth on Exhibit E, and the City shall not impose any new Impact Fees or Exactions on the development of the Project or impose new conditions or requirements for the right to develop the Project (including required contributions of land, public amenities or services) except as set forth in this Agreement; provided, however, that Developer shall pay the Impact Fees and Exactions in the dollar amount that applies, on a City-wide basis, at the time that Developer applies for a permit or approval in connection with the Project. Accordingly, Developer shall be subject to all increases in the Impact Fees and Exactions as established by the City from time to time during the Term and that are applied to all development in the City. However, Developer shall not be subject to new categories of Impact Fees or Exactions, or the imposition of new development conditions, that are adopted by the City from and after the Effective Date in connection with the development of the Project. Any substitute impact fees and exaction that replace (but do not expand the purpose or scope of) an Impact Fees and Exaction shown on Exhibit E shall apply to the Project, and shall not be considered new categories of impact fee as set forth above.
Impact Fees and Exactions. During the Term, as extended by the Litigation Extension and Excusable Delay (if any), no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges, (ii) those in effect as of the Effective Date (exclusive of Planning Code Section 415, which does not apply), and
Impact Fees and Exactions. 2.3.1 The Project shall only be subject to the Impact Fees and Exactions, as set forth in Exhibit D, and City shall not impose any new Impact Fees or Exactions on the development of the Project or impose new conditions or requirements for the right to develop the Project (including required contributions of land, public amenities or services) except as set forth in this Agreement, provided, Developer shall pay the Impact Fees and Exactions in the dollar amount that applies, on a City-wide basis, at the time that Developer applies for a permit or approval in connection with the Project. Accordingly, Developer shall be subject to all increases in the Impact Fees and Exactions as established by the City from time to time during the Term and that are applied to all development in the City. But Developer shall not be subject to new categories of impact fees or exactions, or the imposition of new development conditions, that are adopted by the City from and after the Effective Date in connection with the development of the Project. Any substitute Impact Fees and Exaction that replaces (but does not expand the purpose or scope of) an Impact Fees and Exaction shown in Exhibit D shall apply to the Project, and shall not be considered a new categories of impact fee as set forth above.
Impact Fees and Exactions. The only Impact Fees and Exactions that will apply to the Project shall be the Impact Fees and Exactions listed on Exhibit P (the “Applicable Impacts Fees and Exactions”), and (2) the rates of the Applicable Impact Fees and Exactions as applied shall be subject to annual escalation in accordance with the methodology currently (as of the Reference Date) provided in Planning Code Section 409, applied from the Effective Date to the date that the Applicable Impact Fee and Exaction is paid. The City shall assess Impact Fees and Exactions only against the net new Gross Floor Area for each use at the Project Site.
Impact Fees and Exactions. During the Term, as extended by any Litigation Extensions, no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges, (ii) those Impact Fees and Exactions in effect as of the Effective Date, (iii) New City Laws that do not conflict with this Agreement as set forth in Section 5.6, and (iv) as expressly set forth below in this Section. The Impact Fees and Exactions and SFPUC Capacity Charges shall be calculated and determined at the time payable in accordance with the City requirements on that date, and the parties acknowledge and agree that the Impact Fees and Exactions shall be subject to the Planning Department’s final confirmation once the applicable final land uses and Gross Floor Area are determined. Accordingly, Developer shall be subject to any increase or decrease in the fee amount payable, but will not be subject to any new types of Impact Fees and Exactions or modification to existing Impact Fees and Exactions (e.g., any increase in the required number or percentage of affordable housing units, any change in the minimum or maximum area median income (AMI) percentage levels for the affordable housing pricing or income eligibility, changes to unit type requirements, or any reduction in the threshold of applicability for imposition of a fee, such as square footage), or any increase in any fee in excess of the annual or other regularly scheduled increase in such fee (e.g., annual increases based on the Annual Infrastructure Construction Cost Inflation Estimate, Consumer Price Index, Cost of Living Adjustment, or other index) after the Effective Date.
