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s SETTLEMENT AGREEMENT This Settlement Agreement is between the City of Lathrop (:`City") and Real Parties in Interest Kanwar Kelley and Gurdip Kelley (hereinafter referred to collectively as 'Kelley' or "Owners"), City and Kelley are sometimes referenced hereinafter collectively as "Parties." The effective date of this Agreement shall be the date when the last party executes this-Agreement("Effective Date"). In the interest of promoting harmonious relations between the Parties and to avoid the uncertainty, inconvenience, and expensive litigation, the City and Kelley, in settlement of the City's appeal of San Joaquin Planning Commission of Use Permit No. PA-0800102 approved September 23, 2010("Use Permit"), agree as follows: RECITALS A. Whereas, Kelley sought and was granted a Use.Permit to develop the project known as k KSC.Travel Center ("KSC") including.a truck stop, hotel, convenience store with automobile fuel islands, ` and full service restaurant to be built in three phases;and B. Whereas, pursuant to said Use Permit, Phase l includes a 9-lane truck stop with a 4,741 square foot truck service building, an Vane automobile fueling station, and a 10,068 square foot convenience store and coffee shop; Phase 2 is a 4,500 square foot full service,restaurant with permits i being issued within five years; Phase 3 is an 80-room hotel with permits being issued within eight years ("Project");and C. Whereas,the project site is located at the west terrnirius of Roth Road and the west side of Manthey Road withiri the Lathrop sphere of influence commonly known as 11293 S. Manthey Road, Lathrop,CA("Subject Property");and D. . Whereas, the City of Lathrop would like to annex the Subject Property into the City and provide access to services from the City's water and sewer facilities;and E. Whereas, the City requires that the project provide full mitigation for traffic and other impacts to the City; , Now,therefore,,Parties further agree as follows: - 1. 1-5 Roth Road.Mitleation Fee. Kelley shall pay an 1-5/Roth Road Mitigation-Fee of $576,500 to City. Said fee is present value escalated at 3% per year until paid as detailed in Exhibit "A" attached hereto. The figures shown in Exhibit "A" include the 3% annual escalation with the base year being 2011..The amounts shown in the..phases after 2011 :include the escalated amount. The total shown does not include the escalated amounts, and would be the amount due if all amounts are paid in the base year (2011). I-5/Roth Road Interchange fee shall be due and payable prior to the issuance of building permits for the corresponding phase based on the traffic generated by each phase. r 1 d 3 l