Common use of Minimum Mitigation Fees Clause in Contracts

Minimum Mitigation Fees. Notwithstanding the foregoing in Section 9.1, during the first five years following the Agreement Effective Date, the Mitigation Fees due for the Projects shall be $4,670.00 per single family Unit and $1,501.00 per multi-family Unit. Thereafter, and until all Units are built, the Mitigation Fees due for the Projects shall be the rate adopted by the City pursuant to any school impact fee or school mitigation fee ordinance, if any, provided that in no event shall the Mitigation Fee be less than $7,783 per single family unit and $2,502 per multi-family unit or greater than $12,453 for single-family dwelling units and $4,003 for multi-family dwelling units regardless of the existence or absence of any City school impact fee or school mitigation fee ordinance. The following language shall be reflected on the face of the plats: School mitigation fees shall be due prior to building permit issuance for each single family and multi-family dwelling unit. During the first five years following [blank to be filled with the Agreement Effective Date] the school mitigation fees shall be $4,670.00 per single family unit and $1,501.00 per multi-family unit. Thereafter, the mitigation fee shall be the rate adopted by the City of Black Diamond school impact fee or school mitigation fee ordinance, if any, provided that the maximum school mitigation fee due for each dwelling unit shall be $12,453 per single family dwelling unit and $4,003 per multi-family dwelling unit, as applicable, but in no event, even in the absence of a school impact fee or mitigation fee ordinance, shall the mitigation fees be less than $7,783.00 per single family dwelling unit and $2,502.00 per multi-family dwelling unit. The District and the Developer agree that the minimum Mitigation Fees as stated in this Section 9.2 shall apply even if the City subsequently repeals by Council vote or by operation of law its code provisions applicable to a Growth Management Act school impact fee ordinance or other school mitigation fee ordinance, or if the City never adopts such an impact or mitigation fee.