RecDoc2023-000975 Harbor View Property LLC.

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jurisdiction of City in a reasonably proportional manner as determined by City, and, as to assessments, only if the impact thereof does not fall disproportionately on the Property as compared to the benefits accruing to the Property as indicated in the engineers report for such assessment district. Nothing herein shall be construed so as to limit Developer from exercising whatever rights it may otherwise have in connection with protesting or otherwise objecting to the imposition of taxes or assessments on the Property. In the event an assessment district is lawfully formed to provide funding for services, improvements, maintenance or facilities which are substantially the same as those services, improvements, maintenance or facilities being funded by the Impact Fees to be paid by Developer under the Project Approvals or this Agreement, then such Impact Fees payable by Developer shall be subject to reduction/credit in an amount equal to Developer's new or increased assessment under the assessment district. Alternatively, the new assessment district shall reduce/credit Developer's new assessment in an amount equal to such Impact Fees to be paid by Developer under the Project Approvals or this Agreement. In calculating any reduction or credit, the Parties shall take into account the timing of payment of the Impact Fee or Exaction and the new or increased assessment. Section 6.3 Fair Share Contributions. As set forth in Section 9.7 below, Developer is required and agrees to comply with all mitigation measures adopted as part of the Project approvals. A number of adopted mitigation measures require Developer's payment of fair share contributions. Without limiting Developer's obligation to pay all required contributions, Developer agrees to pay the following fair share contributions required to mitigate transportation and other impacts pursuant to the FEIR. A. US 101 /SR 84 Interchange Fair Share Contribution. Developer shall pay to City a US 101/SR 84 interchange improvement contribution ("US 101/SR 84 Interchange Fair Share Contribution") in the amount of Five Million Seven Hundred and One Thousand Nine Hundred and Three Dollars ($5,701,903), plus the product of $5,701,903 times the percentage increase in CCI between the Effective Date and the date on which such payment is made in accordance with the terms of this Section 6.3.A. Developer will pay to City the US 101/SR 84 Interchange Fair Share Contribution prior to the issuance of the first building permit for the Project. City shall allocate the US 101/SR 84 Interchange Fair Share Contribution towards the costs of the US 101/SR 84 interchange improvement project and, therefore, payment of the US 101/SR 84 Interchange Fair Share Contribution shall be deemed to satisfy Developer's obligations under MMRP Mitigation Measure TRA -1, 2-A, 7, 8-A, 13, 15, 22, 23-A, and 29 to contribute its fair share to improvements to the US 101/SR 84 interchange improvement project. For the avoidance of doubt, Developer shall not be eligible to receive any credit towards Impact Fees as result of payment of the US 101/SR 84 Interchange Fair Share Contribution. Further, the US 101/SR 84 Interchange Fair Share Contribution shall be in addition to the US 101/SR 84 Public Benefit Contribution. B. Maple/Veterans Fair Share Contribution. Developer will pay to City a contribution ("MapleNeterans Fair Share Contribution") in the amount of Seventeen Thousand Seven Hundred and Seventy Dollars ($17,770), plus the product of $17,770 times the percentage increase in CCI between the Effective Date and the date on which such payment is made, which City shall allocate towards the costs of the Maple StreetNeterans Boulevard Intersection project and, therefore, payment of the MapleNeterans Fair Share Contribution shall be deemed to satisfy Developer's obligations under MMRP Mitigation Measure TRA -26 to ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 20