RecDoc 2026-002924 Development Agreement 901 El Camino Real

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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 CEQA 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 an up to 16 -inch outside diameter recycled water supply pipeline to serve the Project from the nearest point of connection to the intersection of Jefferson Avenue and Marshall Street, along Marshall Street, Broadway, California Street, and through the entire project site frontage to the intersection of new Franklin Street and James Avenue, as more particularly described in the Project Approvals, with sufficient recycled water capacity to provide for all of the Project's recycled water demands pursuant to City standards ("Project Recycled Water Pipeline"). When the Developer intends to prepare the scope of work for the preparation of the improvement plans for the Project Recycled Water Pipeline, the Developer shall provide written notice to the City with clear reference to this Section and the City shall have ninety (90) days to notify the Developer in writing of its intent to require the Developer instead design an up to 30 -inch forjust the segment along Marshall Street through new Franklin Street and James Street intersection ("City Upsized Recycled Water Line") and subject to a confirmation of the City's binding commitment to fund (from any appropriate source at the City's discretion, other than the Developer) the difference between the estimated cost of the Project Recycled Water Pipeline and the City Upsized Recycled Water Line. The terms of the City's reimbursement will be outlined in the improvement agreement. Developer may also 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. If the City or other developer has been approved for construction of all or any portion of the City Upsized Recycled Water Line, such that the Developer is not required to design or construct all or a portion of the recycled water line, or any other required improvements, the Developer agrees to pay the Project's fair share for the portion of recycled water main approved for construction by City or other developer. Without limiting Developer's obligation to pay all required contributions, Developer agrees to pay the Project's fair share contributions required to mitigate impacts pursuant to the DTPP SUR for any ATTY/AGR/2025.085 —901 EL CAMINO REAL DA REV: 08-01-25 VR Page 27 of 48