Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 19 (3) The Impact Fees itemized on Exhibit G represent the Parties good faith effort to identify the Existing Impact Fees applicable to the Project including applicable escalators as set forth in the City’s Existing Impact Fee resolutions or, where applicable, the CCI. The Existing Impact Fees itemized on Exhibit G include City wastewater and water capacity and connection charges, as set forth in the Mitigation Fee Act (Government Code section 66013 et seq.) City and Developer agree to amend and restate Exhibit G, as necessary, in the event one or more Existing Impact Fees have been inadvertently omitted or if any escalation provisions have been inadvertently misstated or miscalculated. (4) Develo per shall not be entitled to any credits toward Impact Fees due on account of the Public Benefits provided by Developer under this Agreement. B. Connection Fees. Developer shall pay Connection Fees assessed by utility providers and other agencies assessing such fees at the rates in effect from time to time. C. Processing Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fees, City may charge and Developer agrees to pay all Processing Fees which are in effect on a City-wide basis at the time permits, approvals, or entitlements are applied for. D. Other Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed by another agency having jurisdiction over the Project, which City is required to collect pursuant to Applicable Law (“Other Agency Fees”). Section 6.2 Taxes and Assessments. Developer covenants and agrees to pay prior to delinquency all existing taxes and assessments and any and all new taxes or assessments that are adopted after the Effective Date and which conform to the terms of this Agreement, including this Section 6.2. As of the Agreement Date, City is unaware of any pending efforts to initiate, or consider applications for new or increased special taxes or assessments covering the Property, or any portion thereof. City shall retain the ability to initiate or process applications for the formation of new assessment districts or imposition of new taxes covering all or any portion of the Property in accordance with the then applicable laws, but only if such taxes or assessments are adopted by or after Citywide voter approval, or approval by landowners subject to such taxes or assessments, and are imposed on other land and projects of the same category within the 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 (i) 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