RecD08 2008-099243 - Laserfiche WebLink

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(iii) Shoreline Park improvements, as generally described in the Planned Community Permit (the "Park Improvements") and as set forth in plans and specifications produced pursuant to the Planned Community Permit, together with the restroom facilities contemplated by paragraph 25( c) below. Except for the Area "H" Improvements described in clauses (i), (ii) and (iii) above, neither Keech nor any successor in interest to Keech shall have any obligation (under this Agreement or otherwise) to construct any public improvements or other Facilities in connection with the development of the Area "H" Project. The documents, permits, plans and specifications referenced in clauses (i), (ii), and (iii) above are incorporated herein by this reference. (b) No Facilities Charges. In consideration for Keech's construction of the Area "H" Improvements, neither Keech nor any successor in interest to Keech shall have any obligation under this Agreement or pursuant to any law, order, regulation or other requirement of the City (or for any other reason) to pay any Facilities Charges (i.e., facility, impact, and/or capacity fees, exactions, or other impositions) in connection with the development of the 156 townhome lots shown on Vesting Tentative Map #2obt-t>2approved by the Planning Commission on June 17,2008, and incorporated herein by this reference; provided that nothing herein shall be construed so as to preclude the City from imposing and collecting its normal plan check and inspection fees relating to such development. (c) Reimbursement from the Fund. The District shall reimburse Keech for a portion of the construction costs of the Park Improvements in accordance with the provisions of this Agreement, as follows: (i) Three Hundred Thousand Dollars ($300,000) for the general costs of the Park Improvements, plus (ii) the direct costs associated with the construction of rest rooms and sewer extensions if and to the extent requested by the City to be included in the Park Improvements, up to a maximum reimbursement pursuant to this clause (ii) of Two Hundred Thousand Dollars (such that the maximum total reimbursement that Keech could receive hereunder shall be Five Hundred Thousand Dollars ($500,000)). Except as provided in the preceding sentence, Keech shall not be entitled to any reimbursement from the Fund in connection with constructing the Area "H" Improvements (or for any other reason). Accordingly, after Keech has been reimbursed in accordance with this paragraph all remaining amounts in the Fund shall be used and disposed of in accordance with paragraph 11 (b), without further reimbursement of Keech, and thereafter maybe used by the City for construction of any public improvements or facilities the City deems appropriate. 4. Paragraph 26 is hereby added to the Agreement and shall read as follows: "26. Survival of Amendments. The amendments to the Agreement set forth in Section 25 shall survive (and continue in full force and effect notwithstanding) any termination ofthis Agreement. 5. Exhibit A is hereby deleted and is replaced in its entirety by the attached Exhibit A entitled, "Capital Improvement Projects - Five Year Program GID 1-64" dated July 15, 2008, incorporated herein by this reference. A TTY / AGR/ Amendments/Tenth Amendment of Development Agreement GID 1-64 072308 4