RecDoc2025-003096 Lane 1900 Broadway Owner LLC

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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 frill force and effect unless the Parties mutually agree otherwise. Section 4.9 Sanitary Sewer and Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that, after offsetting its demand by connecting to recycled water infrastructure and plumbing the Project for recycled water use, 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 4.1 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 4.10 Conditions of Subsequent Approvals. No conditions imposed on Subsequent Approvals (defined in Section 9.1) shall require dedications or reservations for, or construction or funding of, public infrastructure or public improvements beyond those included in the Project Approvals, except as required or expressly permitted by this Agreement. Section 4.11 Sets of Project Approvals. Prior to the Effective Date, the Developer shall have prepared two sets of the Project Approvals, one set for City and one set for Developer, to which shall be added from time to time with any Subsequent Approvals, so that if it becomes necessary in the future to refer to any of the Project Approvals, there will be a common set available to the Parties. Failure to include any rule, regulation, policy, standard, or specification in the sets of Project Approvals as described in this Agreement shall not affect the applicability of such rule, regulation, policy, standard, or specification. ARTICLE 5. FEES, TAXES, AND ASSESSMENTS Section 5.1 Developer Impact Fees. A. Definition of Impact Fees. For purposes of this Agreement, "Impact Fees" shall mean the monetary fees and impositions, other than taxes and assessments, charged by City and, except as otherwise expressly provided for herein, in effect as of the Effective Date, in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of a development project or the development of the public facilities and services related to a development project, including but not limited to the Affordable Housing Impact Fee, Art in Public Places In -Lieu Fee, Downtown Parking In -Lieu Fee, Park Impact Fee, Sewer and Water Fees, Transportation Impact Fee, 101/84 Interchange Improvement Fee, Emergency Water Tank Fee, and any other City "fee" as that term is defined by Government Code Section 66000(b). 1. For purposes of this Agreement, "New Impact Fees" means those Impact Fees adopted by City after the Effective Date of this Agreement. New Impact Fees do not include replacernents or escalation of Impact Fees. 21 ATTY/AGR/2024.193-GATEKEEPER DA -1900 BROADWAY REV: 10-22-24 VR