Common use of Permitted Subsequent Code Changes Clause in Contracts

Permitted Subsequent Code Changes. 5.2.1. This Agreement shall not prevent the City from applying the following Subsequent Code Changes to the development: (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City or processing applications for development approvals, or monitoring compliance, and similar development fees and charges, provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring approvals. Such fees and charges include`, but are not limited to, (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Property in effect at the time an application for a grading permit or building permit is applied for; (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by Developer, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures; and (iv) those fees listed on Exhibit “D” attached hereto. 5.2.1 (b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property, provided, however, that the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar development within the City.

Appears in 1 contract

Sources: Development Agreement

Permitted Subsequent Code Changes. 5.2.1. This Agreement shall not prevent the City from applying the following Subsequent Code Changes to the development: (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City or processing applications for development approvals, approvals or monitoring compliance, and similar development fees and or charges, provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring approvals. Such fees and charges include`, but are not limited to, ,: (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Property in effect at the time an application for a grading permit or building permit is applied for; (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by Developer, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures; and (iv) those fees listed on Exhibit “D” attached hereto. 5.2.1 (b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property, provided, however, that the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar development within the City.

Appears in 1 contract

Sources: Development Agreement