RecDoc2025-003096 Lane 1900 Broadway Owner LLC

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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 developer applies for permits, approvals, or entitlements. H. 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 City Regulations, State or Federal Law. Section 5.2 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 5.2. 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 Applicable City Regulations, 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. Section 5.3 MMRP Fair Share Contributions. As set forth in Section 8.8 below, Developer is required and agrees to comply with all mitigation measures adopted as part of the Project Approvals, including but not limited to designing and installing, to the extent applicable, upgrades to the water system, sanitary sewer system, stormwater system, and installing an extension to the City's recycled water infrastructure. Specifically, as provided by the DTPP Plan - Wide Amendments MMRP adopted by the City Council in connection with the DTPP SEIR, and to the extent applicable, the Developer shall be required to bear the cost of the design, constructing or installing these upgrades and improvements, including but not limited to the installation of recycled water supply pipelines with sufficient recycled water capacity to provide for all of the Project's recycled water demands pursuant to City standards, and may be reimbursed by subsequent development projects within the DTPP area to pay the fair -share contribution for any costs of constructing or installing the required improvements that benefit the subsequent projects. Without limiting Developer's obligation to pay all required contributions, Developer agrees to pay the following fair share contributions required to mitigate impacts pursuant to the DTPP SE[R. Section 5.4 Offsets and Credits. In the event an assessment district is lawfully formed or a similar mechanism is created to provide funding for services, improvements, maintenance or facilities which are substantially the same as those services, improvements, maintenance or facilities being fielded by the Impact Fees and/or fair -share contributions identified in Section 5.3 24 ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY REV: 10-22-24 VR