Reso25-02 0024 PC Reso 901 El Camino Real

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Page 26 of 48 ninth (9th) and tenth (10th) year of the Extension Option 3(A) or 3(B) Extension Term. Neither the Project or the Affordable Housing Project shall be subject to the New Impact Fees for the duration of the Extension Option 3(A) or 3(B) Extension Term. C. The Impact Fees itemized on Exhibit I represent the Parties’ good faith effort to identify the Impact Fees applicable to the Project, including the applicable escalators as set forth in the City’s Impact Fee ordinances, resolutions or, where applicable, the CCI. The Impact Fees itemized on Exhibit I also 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 I, as necessary, in the event one or more Impact Fees have been inadvertently omitted or if any escalation provisions have been inadvertently misstated or miscalculated. D. Except as otherwise expressly provided for in this Agreement, Developer shall not be entitled to any credits toward Impact Fees or New Impact Fees due on account of the Community Benefits provided by Developer under this Agreement. E. Developer acknowledges and agrees that: (a) the Project Approvals provided adequate and proper notice pursuant to Government Code Section 66020 of Developer's right to protest any requirements for fees, dedications, reservations, and other exactions as may be included in this Agreement (including, but not limited to the donation of the Affordable Site); and, (b) if no protest in compliance with Section 66020 is made within ninety (90) days of the date that notice was given, the period in which Developer may protest any and all fees, dedications, reservations, and other exactions as may be included in this Agreement will have been waived by the Developer. F. Connection Fees. For purposes of this Agreement, “Connection Fees” means those fees charged by the City or by a utility provider to utility users as a cost for connection to water, sanitary sewer, and other applicable utilities. Subject to any limits imposed by state law, Developer shall pay Connection Fees assessed by utility providers and other agencies assessing such fees at the rates in effect from time to time. G. Processing Fees. For purposes of this Agreement, “Processing Fees” means all fees charged on a City-wide basis as part of the City’s Master Fee Schedule to cover the cost of City processing of development project applications, including any required supplemental or other further environmental review, plan checking (time and materials) and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which fees are in effect at the time those permits, approvals, or entitlements are applied for, and which fees are intended to cover the City’s actual costs of processing the foregoing. 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 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 ATTY/RESO.0024/PC RESO 901 EL CAMINO REV: 04-11-25 VR