7 9.4. Binding Effect; Assignment . All of the terms, conditions , and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. No assignment of this Agreement shall be made without the prior written consent of the parties to the Agreement, which consent may not be unreasonably withheld.
9.5. Covenants Running with the Land . All of the benefits and obligations described herein, including any and all covenants, conditions, and restrictions set forth in this Agreement shall be binding on the Parties and their heirs, successors, grantees, transferees, and permissible assigns and shall run with the land comprising the Property.
9.6. Performance. Whenever performance is required of any party hereunder, that party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, or damage to work in progress by reason of fire or other casualty or cause beyond the reasonable control of a part y (acts by the performing party causing the situation to be beyond reasonable control excepted), then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused.
9.7. Severability. Invalidation o f any of the provisions contained in this Agreement, or of the application thereof to any person or circumstance, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circum stance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
9.8. Notice.
9.8.1. Form of Notice. Any notice to any party shall be in writing and given by delivering the same to such party in person or by sending the same by certified mail, return receipt requested, with postage prepaid to the party’s mailing address.
The respective mailing ad dresses of the parties thereto are, until changed as hereinafter provided, the following:
To the City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Salvador Quintanilla, Senior Planner
To Owner: Milagros Perez
9629 Alder Avenue
Fontana, CA 92335
9.8.2. Change of Address . Any party may change its mailing address at any time by giving written notice of such change to the other parties in the manner provided herein at least ten days prior to the date such change is effective.
EXHIBIT C
Pre-Annexation Agreement
Estimated
Development Impact Fees
Sewer Connection Charges/LAFCO Fee
Impact Fees Fee Multiplier Fee Amount
1Fire Facilities $431.00 - SFD 0.5 $215.50
Engineering Fees
1Park Development $7,733 - SFD 0.5 $3,866.50
1Storm Drain Fee
(Fontana East) $16,550.00 0.5 $8,275.00
Sewer Deposit $60.24 4 month deposit $240.96
City Sewer
Connection Master
Fee
$1,023.00 per EDU 1 EDU’s3 $1,023.00
City Sewer
Connection Permit $25.00 1 $25.00
2Sanitary Sewage
Facilities Expansion
Fee (Inland Empire
Utilities Agency)
$8,620 Per EDU
Effective 7/1/24
1 EDU’s3 $8,620.00
4LAFCO Fee $650.00 1 $650.00
Total $22,915.96
1 Fees listed are reduced by 50% pursuant to City of Fontana In-fill Ordinance No. 1748 adopted on September 13, 2016. (If applicable)
2 Indicates a pass-through fee collected for other agencies. 3 Equivalent Dwelling Units (EDU’s) have been estimated for the project and will be adjusted at time of plan check for the “Sewer Connection” permit. 4 Subject to LAFCO’s adopted fee resolution.
All Fees shall be due and payable prior to issuance of the “Sewer Construction” permit issued by the Engineering Department and the “Sewer Connection” permit issued by the Building & Safety Division. Additional fees will apply for the permit issuance and inspection. The estimated fee will be collected at the actual rate when the construction permit is issued.