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(b) During the term of this Agreement, the only increased or new Exactions <br /> City or City through District may impose on Pacific Shores pursuant to this Section 10 are: <br /> (i) Those fees listed on Exhibit D to this Agreement, which is <br /> incorporated herein by this reference; <br /> (ii) Exactions not in conflict with this Agreement, <br /> (iii) Exactions that are mandated or assessed by any governmental agency <br /> other than City or City through District, and imposed or collected through City for that <br /> governmental agency; and <br /> (iv) Exactions imposed by City after the Effective Date which are <br /> applicable to all properties or to all commercial properties within City's boundaries if <br /> those Exactions are not imposed: <br /> (1) In lieu of or for the purpose of financing the construction of, or <br /> for providing, any of the Seaport Boulevard Improvements or Other City <br /> Facilities; or <br /> (2) For any other purpose for which Exactions exist on or prior to <br /> the Effective Date under the Existing Development Regulations. <br /> (c) Exactions that are in conflict with this Agreement include but are not <br /> limited to: <br /> . (i) Exactions for connection to City water mains (except fees or charges <br /> to defray City's costs to install public meters and connect the meters to said water <br /> mains), sanitary sewerage mains, and storm water drainage lines except as set forth in <br /> Exhibit D; or <br /> (ii) Exactions (including without limitation, a Sewer System Capital <br /> Facilities Fee, Wastewater Treatment Capacity Fee, or Water System Capital Facilities <br /> Fee) for the purpose of constructing the Pacific Shores Infrastructure or the Seaport <br /> Boulevard Improvements except as set forth in Ezhibit D; or <br /> (iii) Any fees or exactions in connection with the installation of inetering <br /> devices or connection of improvements on Building Parcels to Pacific Shores <br /> Infrastructure, except as set forth in Exhibit D. <br /> (d) The connection of the Pacific Shores Infrastructure to the Seaport <br /> Boulevard Improvements or Other City Facilities shall not occasion any exaction measured by <br /> GBFA, potential consumption or discharge, or dwelling unit equivalents. Such connection <br /> fees and similar exactions otherwise permissible hereunder shall be due only upon the <br /> issuance of building permits. <br /> K:\DOC\0002\0033\AGR\CIIY.OA6 �O Z9-OeC-1998 AT 15:00 <br />