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North Harlan improvement District, New Development in the current City of Lathrop Master Fee <br /> Schedule. The fee is based on the water meter size(s). <br /> The water line extension•shall be designed to terminate at Kelley's property, and not be <br /> oversized for any other development currently outside of the Lathrop City limit or not directly <br /> serviceable from the current Point of Connection to and including Kelley's property. if the City elects to <br /> upsize the extension for future development beyond Kelley's property,the marginal increase in material <br /> hard costs and cost of the upsizing shall be borne up front by the City or other parties besides Kelley as <br /> may be approved by the City. <br /> 12. Storm Drain. The project is currently design to discharge water into a drainage <br /> detention basin. There shall be no additional requirements to construct any off-site storm drain <br /> infrastructure as.part of this project. .. <br /> 13. Uses allowed as detailed in Use Permit subiect to conditions herein. The Parties agree <br /> that Kelley shall submit to the City a completed annexation application,a request for the City to consider <br /> pre-zoning and a Development Agreement to allow the project to be developed as approved pursuant to <br /> approved Use Permit but subject to the conditions of that Use Permit and the following additional <br /> conditions detailed herein. <br /> 14. Remedies Cumulative. No remedy or election of remedies provided for in the <br /> agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law in equity. <br /> Each remedy shall be construed to give the fullest effect allowed by law. <br /> 15. Applicable Law. This agreement shall be governed by, and construed and enforced in <br /> accordance with the laws of the State of California. <br /> 15. Signator's Warranty: Each party warrants'to each other he or she is individually <br /> authorized and competent to enter into this agreement in the capacity indicated by his or her signature <br /> and agrees to be bound by this agreement as of the day and year first mentioned above upon the <br /> execution of this agreement by each other party. <br /> 17. Release. Each Party acknowledges that he, she, or it understands that the releases <br /> contained in this Agreement are essential and material requirements hereof and that the other Parties <br /> would not have entered into the Agreement .absent. the releases contained herein. Each Party <br /> represents and warrants that no releasing Party has purported to convey, transfer or assign any right, <br /> title or interest in any released matter to any other person or entity and that the foregoing constitutes a <br /> full and complete release of the released matters. Excepting the obligations imposed by this Agreement <br /> each Party also understands that this release shall apply to all unknown or unanticipated results of the <br /> transactions and occurrences described above with respect to the obligations and matters included <br /> within the claims released herein,as well as those that are known and anticipated. Each Party has been <br /> afforded the opportunity to consult with, and did consult with, legal counsel prior to signing this release <br /> S <br /> and each Party executes such release voluntarily, with the intention of fully and finally extinguishing all <br /> released matters. r <br /> 7 <br /> t <br /> i <br />