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6 <br />(2) If a court determines that the Mitigation Agreement in the form as executed by <br />the Parties is not enforceable under applicable law, then the City may refuse to <br />issue Project permits or approvals until the EHA provides an alternative or <br />amended instrument reasonably acceptable to the City that provides the City <br />with substantially similar payments as those under the Mitigation Agreement. <br />D. Impact Fees <br />(1) Transportation. EHA shall pay fees for each portion of the Project in accordance <br />with chapter 19.51 EMC (or successor code) in effect at the time of building <br />permit issuance for such portion. <br />a. The Project traffic analysis will identify the local improvements listed <br />below as improvements that address transportation impacts from the <br />Project that are adjacent to or in the vicinity of the Project but do not rise <br />to the level of a significant adverse impact. These improvements (the <br />“Identified Improvements”) are: <br />i. Baker Street west side sidewalk connection from Poplar to 15th <br />Street <br />ii. Continuous sidewalk connection on the north side of 15th Street <br />from Baker to Broadway <br />iii. 16th Street crossing improvement at Baker; including <br />replacement of existing flashers with RRFBs. <br />iv. Continuous sidewalk improvements one or the other of: <br />1. 14th Street on one side from Pine to E. Marine View <br />Drive; or, <br />2. 15th Street on north side from Pine to E. Marine View <br />Drive. <br />b. The City and EHA agree that the Identified Improvements are voluntary, <br />appropriate and not already required under the Development Standards <br />or in this Agreement. EHA agrees to construct the Identified <br />Improvements and dedicate them to the City at no cost to the City. As <br />they are completed, EHA will receive a dollar-for-dollar credit in the <br />amount of EHA’s incurred design and construction costs for completed <br />Identified Improvements, which will be applied toward the Project’s <br />system-wide transportation mitigation fee. EHA will provide the City <br />evidence of such costs upon request. <br />c. If EHA’s design and construction costs for Identified Improvements in a <br />Phase exceeds the system-wide transportation mitigation fee for that <br />Project Phase, then EHA may either: