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including, but not limited to, roadway pavement, curb and gutter, sidewalk, trees, tree wells, <br />and landscaping. OWNER shall also install and maintain graffiti protection on new surfaces <br />and shall, within 24 hours of discovery of graffiti, cause it to be removed and associated <br />restorations completed. Such Maintenance Agreement, if executed, shall terminate no later <br />than 55 years following the Effective Date. <br />4.3 Development Impact Fees. <br />4.3.1 Amount of Fee. The Development Impact Fees set forth in Exhibit <br />“D” shall be charged to the Project. These fee amounts are estimated and will be subject to <br />change based on the fee rate applicable at the time of issuance of the Building Permit. <br />4.3.2 Time of Payment. The fees required pursuant to Subsection 4.3.1 shall <br />be paid to CITY prior to the issuance of building permits for each residential unit. No fees <br />shall be payable for building permits issued prior to the Effective Date of this Agreement, but <br />the fees required pursuant to Subsection 4.3.1 shall be paid prior to the re-issuance or extension <br />of any building permit for a residential unit for which such fees have not previously been paid. <br />4.3.3 Fee Credits. OWNER shall be entitled to credit against the fees <br />required pursuant to Subsection 4.2.1 for the dedication of land, the construction of <br />improvements or the payment of fees as specifically set forth in Exhibit “E. <br />4.3.4 Future Development Impact Fee Program Changes. The Parties <br />hereby agree that, in addition to the Development Impact Fees included in Exhibit “D”, the <br />Project shall be subject to any increase in fees, or amendment or alteration, of Development <br />Impact Fee programs in effect on the Effective Date. <br />4.3.5 Prepayment. In no event shall the prepayment of any Development <br />Impact Fees required hereunder establish a vested right on the part of OWNER or any other <br />owner of the Property or any person or entity with an interest therein to develop the Project or <br />the Property following the expiration, cancellation or termination of the Term of this <br />Agreement. Following the expiration, cancellation or termination of this Agreement, all <br />Development Impact Fees then in effect shall be applicable to the Project and Property <br />notwithstanding any provision of this Agreement and notwithstanding the prepayment of the <br />Development Impact Fees set forth in Exhibit “D”, any increase or amendment of any <br />Development Impact Fee, or any combination thereof. Nothing contained in this Subsection <br />4.3.5 shall be construed as limiting the right of OWNER to a credit against any Development <br />Impact Fees as set forth in Section 4.3.3 hereof. <br />4.4 Dedication of On-Site Easements and Rights of Way. OWNER shall <br />dedicate to CITY all on-site rights of way and easements deemed necessary for public <br />improvements, in CITY's sole discretion, within 15 days of receipt of written demand <br />from CITY. <br />4.5 Timing of Construction of Off-Site Infrastructure. Approval of any <br />building permits on the Property shall be conditioned upon CITY's determination, in <br />its sole discretion, that sufficient progress is being made on construction of off-site <br />infrastructure serving development of OWNER's Property. <br />2-134