RecDoc2023-000975 Harbor View Property LLC.

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meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Following the meeting between the Parties, the provisions of this Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum extent necessary to comply with such Changes in the Law. In such event, this Agreement together with any required modifications shall continue in full force and effect. In the event that the Changes in the Law operate to frustrate irremediably and materially the vesting of development rights to the Project as set forth in this Agreement, Developer may terminate this Agreement by Notice to City. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) such Changes in the Law or their applicability to the Project and, in the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect unless the Parties mutually agree otherwise. Section 5.8 Sanitaa Sewer and Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water supply and dry weather sanitary sewer treatment capacity to serve future development contemplated by the General Plan, including the Project. However, as noted in Section 5.1 above, nothing in this Agreement is intended to exempt the Project or the Property from any water use rationing requirements that may be imposed on a City-wide basis from time to time in the future or be construed as a reservation of any existing sanitary sewer treatment capacity or potable water supply. Section 5.9 Conditions of Subsequent Approvals. No conditions imposed on Subsequent Approvals shall require dedications or reservations for, or construction or funding of, public infrastructure or public improvements beyond those included in the Existing Approvals, except as required or expressly permitted by this Agreement. Section 5.10 Pro'ect Approvals and ARplicable City Regulations. Prior to the Effective Date, the Parties shall have prepared two sets of the Existing Approvals and Applicable City Regulations, one set for City and one set for Developer, to which shall be added from time to time, Subsequent Approvals, so that if it becomes necessary in the future to refer to any of the Project Approvals or Applicable City Regulations, there will be a common set available to the Parties. Failure to include in the sets of Project Approvals and Applicable City Regulations any rule, regulation, policy, standard, or specification that is within the Applicable City Regulations and Project Approvals as described in this Agreement shall not affect the applicability of such rule, regulation, policy, standard, or specification. ARTICLE 6. FEES, TAXES AND ASSESSMENTS Section 6.1 Developer Fees. A. Impact Fees. (1) For the period commencing on the Effective Date and continuing until expiration of the Initial Term, (a) Developer shall pay when due all Existing Impact Fees applicable to the Project in accordance with this Agreement in effect as of the Effective Date at ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 18