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Agency Service Requests. The Blossom Industrial Park has agreed to sign the City's Conditional <br /> Sewer Service Agreement, a copy of which is attached hereto as Exhibit "C" and incorporated <br /> herein by this reference, to confirm that there shall be no opposition to annexation when the City <br /> unilaterally elects to annex the Property. <br /> ARTICLE 2. <br /> TERMS AND CONDITIONS <br /> 2.01 The above referenced Recitals are true and correct and are incorporated by this <br /> reference. <br /> 2.02. As consideration for the provision of Out of Agency Sanitary Sewer service to the <br /> Blossom Industrial Park project, the parties agree that the following will be conditions precedent <br /> to the obligation of the City for sanitary sewer service: <br /> (a) The Blossom Industrial Park shall be responsible for all annexation fees, public <br /> facilities fees and impact fees, including the annexation fees to LAFCo, that would otherwise be <br /> due the City concurrent with the issuance of each building permit in San Joaquin County. Said <br /> funds shall be charged to and collected from the end user developer of any portion of the Blossom <br /> Industrial Park concurrent with the issuance of the payment to the City of the sewer connection <br /> fee to equalize the City for allowing the Blossom Industrial Park to be built in San Joaquin <br /> County but otherwise receiving Out of Agency Sewer Service from the City. There shall be a <br /> credit for any and all San Joaquin County Development Fees actually paid to the County that are <br /> duplicative of fees otherwise owed to the City. It is understood that that the Blossom Industrial <br /> Park property will not be charged more for development under this provision then if the same <br /> project were to be built out in the City.(b) The Blossom Industrial Park will build out the <br /> Project in compliance with all of the existing and continuing City Public Work's Improvement <br /> Standards for both on and off site improvements in anticipation of the eventual annexation by the <br /> City. Approval shall not be unduly withheld if a material conflict exists between San Joaquin <br /> County and City of Stockton Standards. <br /> (c) Developer agrees that any new City-wide impact fee that is adopted prior to <br /> issuance of a County building permit will be included in the calculation under paragraph 2.02.(a) <br /> above. <br /> (d) A copy of the Out of Agency Service Agreement will be recorded in San Joaquin <br /> County. <br /> ARTICLE 3. <br /> MISCELLANEOUS <br /> 3.01 Applicable Law. This Agreement shall be construed and enforced in accordance <br /> with the laws of the State of California. <br /> 2 <br />