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ATTY/AGR/SETTLEMENTS/2023/SETTLEMENT AGREEMENT - 557 E. BAYSHORE ROAD <br />REV: 05-17-23 JB <br />#216638140_v1 2 <br />E. By means of the Conditions of Approval and Standard Development Requirements <br />for the Project included as Exhibit A to the PC Resolution (collectively, the “Project Conditions” <br />or “COA”), the City sought to impose upon the Project certain impact “Fees” and “Fair Share <br />Contributions” payable prior to issuance of building permits or as otherwise described therein <br />(collectively, the “Fees and Contributions”). The Fees and Contributions as enumerated in the <br />PC Resolution are set forth in the following COA: <br />1. COA 6 (Transportation [Traffic] Impact Fee): <br />2. COA 7 (Parks Impact Fee); <br />3. COA 8 (Affordable Housing Impact Fee); <br />4. COA 10 (Water and Sewer Fees); <br />5. COA 12 (101/84 Interchange Project Fair Share Contribution); <br />6. COA 13 (Water Tanks); <br />7. COA 14 (Blomquist Bridge); <br />8. COA 15 (Water Main underneath Blomquist Bridge); <br />9. COA 16 (Water Main from Blomquist Bridge to Seaport Boulevard); <br />10. COA 17 (Water Main on East Bayshore Boulevard); <br />11. COA 18 (Sewer Main on East Bayshore Boulevard); <br />12. COA 19 (Roadway Reconstruction of E Bayshore Boulevard); <br />13. COA 20 (Roadway Reconstruction of Blomquist Street); <br />14. COA 21 (Credit Towards Fair Share Contributions); and <br />15. COA 44 (Wastewater I/I Fee). <br /> <br />F. The Project Conditions (COA 11) provides: <br />The applicant may protest any fees, dedications, reservations, or other <br />exactions imposed by the City as part of the approval or as a condition of <br />approval of this development. Per California Government Code Section <br />66020, this 90-day protest period has begun as of the date of the approval <br />of this application. <br />G. By written request dated and submitted to City on February 9, 2023, Developer’s <br />counsel Holland & Knight, on behalf of Developer, made a request pursuant to the Public Records <br />Act (Gov. Code § 7920 et seq.) for all records of City pertaining or relating to the Fees and <br />Contributions (the “PRA Request”). City subsequently provided records in response to the PRA <br />Request. <br />H. By written notice to City dated March 8, 2023 (and submitted to City on March 9, <br />2023), Developer’s counsel Holland & Knight submitted, on behalf of Developer, its notice of <br />protest of all of the Fees and Contributions pursuant to Government Code section 66020 and other <br />authorities cited therein (the “Protest”). <br />I. Subsequent to the Protest, the Parties, through their authorized representatives, <br />entered into negotiations to seek to resolve the issues and the Parties’ respective differences <br />regarding their dispute involving the Fees and Contributions and all potential challenges, theories, <br />requests, or assertions included in the Protest (the “Dispute”).