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(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: <br /> 6 <br />