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ATTY/AGR/SETTLEMENTS/2023/SETTLEMENT AGREEMENT - 557 E. BAYSHORE ROAD <br />REV: 05-17-23 JB <br />#216638140_v1 4 <br />(C) COA 8 (Affordable Housing Impact Fee); <br />(D) COA 10 (Water and Sewer Fees); <br />(E) COA 12 (101/84 Interchange Project Fair Share <br />Contribution); <br />(F) COA 13 (Water Tanks); <br />(G) COA 14 (Blomquist Bridge); <br />(H) COA 15 (Water Main underneath Blomquist Bridge); <br />(I) COA 16 (Water Main from Blomquist Bridge to Seaport <br />Boulevard); <br />(J) COA 17 (Water Main on East Bayshore Boulevard) (subject <br />to the provisions of Section 2(c) below); <br />(K) COA 18 (Sewer Main on East Bayshore Boulevard) (subject <br />to the provisions of Section 2(c) below); <br />(L) COA 19 (Roadway Reconstruction of E Bayshore <br />Boulevard); <br />(M) COA 20 (Roadway Reconstruction of Blomquist Street); and <br />(N) COA 44 (Wastewater I/I Fee); <br />(ii) any and all fees charged by City for any City processing of plans or <br />inspections with respect to any of the improvements described or referenced in any of the foregoing <br />COA (collectively, “Processing and Inspection Fees”); <br />(iii) any and all development impact fees (also known as “in-lieu fees”) <br />and contributions listed on any schedule or list of such fees and/or contributions published or <br />otherwise made available at any time by City (on the City’s website or otherwise)(“City Fee <br />Schedule”), including but not limited to any “Art in Public Places Fee”; and <br />(iv) any other “fee” as that term is defined and used in subdivision (b) of <br />Government Code section 66000. <br />The Parties acknowledge and agree that the Compromise Amount does not represent any reduction <br />or discount of the Project MFA Fees, but rather represents a compromise of the Dispute regarding <br />the legality and proper amount of the Project MFA Fees consistent with the primary purpose of <br />this Agreement. City may apply the Compromise Amount to any Project MFA Fees in such <br />manner and in such amounts as City may determine in its sole reasonable discretion. City shall <br />not at any time seek to impose, impose, seek to collect, or collect from Developer or with respect <br />to the Project any Project MFA Fees in addition to or in excess of the Compromise Amount