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expected to be generated by past and present development within the City. including Cooperative <br />Fee Developers' Planned Residential Units (as defined below). <br /> <br /> D. WHEREAS, review has been undertaken by the Ciw, District and Cooperative <br />Fee Developers to address the District's needs as they are projected as of the Effective Date of <br />this Amended Cooperative Fee Agreement. As a result of that review, agreement has been <br />reached as to the desirability, of amending the Cooperative Fee Agreement. The Cooperative Fee <br />Agreement, Section 14.3, contemplates that the Cooperative Fee Agreement can be amended by <br />written agreement of the parties. This Amended Cooperative Fee Agreement is intended to <br />amend the Cooperative Fee Agreement and to supersede the terms thereof. <br /> <br /> E. WHEREAS, pursuant to the authority, of the School Fee Legislation (as defined <br />below), prior to the Effective Date of this Amended Cooperative Fee Agreement. District has <br />adopted State Mandated Fees, as defined in Section 1.18, applicable to all new residential <br />development within the boundaries of the District. <br /> <br /> F. WHEREAS, City, District and the Cooperative Fee Developers ac'knowledge that <br />at the time of the Effective Date. the California State Legislature has enacted as part of Senate <br />Bill 50 ("SB 50") in Government Code sections 65995, et se__q., which became fully effective in <br />November 1998, certain modifications to the law concerning payment of school impact fees by <br />homebuilders. The City, District and Cooperative Fee Developers mutually acknowledge, agree <br />and find that this Amended Cooperative Fee Agreement ensures continuation of the terms of the <br />Cooperative Fee Agreement. as now modified by this amendment, and that the Cooperative Fee <br />Agreement. as now amended, placed conditions on the approval of Planned Residential Projects <br />as defined herein prior to the effective date of SB 50 and continues to place such conditions on <br />the Planned Residential Projects. The Cooperative Fee Developers further acknowledge and <br />agree that this Amended Cooperative Fee Agreement is not subject to legal challenge as an <br />alleged violation of any terms of SB 50 or any other applicable law concerning the pa.vment of <br />school impact fees by homebuilders. <br /> <br /> G. WHEREAS, execution of this Amended Cooperative Fee Agreement by City was <br />approved by the Ciw Council on ,2001. and the Ci~ Council on that date <br />authorized the Mayor to execute this Amended Cooperative Fee Agreement on behalf of the City. <br />Execution of this Amended Cooperative Fee Agreement was approved by the Board of Trustees <br />of the District on ,2001, and the Board of Trustees on that date authorized the <br />Board President to execute this Amended Cooperative Fee Agreement on behalf of the District. <br /> <br /> H. WHEREAS, the parties to this Agreemer/t acknowledge ihat, as of the Effective <br />Date. each party, is in compliance with the terms of the Cooperative Fee Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the premises set forth above, the mutual <br />covenants and obligations of the parties set forth herein, City, District, and the Cooperative Fee <br />Developers hereby agree as follows: <br /> <br /> June 1, 2001 <br />2 <br /> <br /> <br />