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Section 3.6 Building Permit and Processing Fees. (a) Building Permit. Subject to Section 3.2, Developer shall pay to City building permit fees in accordance with the City's building permit ordinance in effect as of the Effective Date. (b) Processing Fees. Developer shall pay to City the City's reasonable application processing fees for the Project in accordance with the City's fee schedule in effect at the time Developer submits the applicable Project application for processing. Section 3.7 Park Fees. Consistent with, and in satisfaction of Developer's Quimby Act (Gov't Code section 66477) and City Park Fee Ordinance (Chapter 19.44 of the Pleasanton Municipal Code), Developer will pay City park fees totaling approximately Two Million Seven Hundred Thousand Dollars($2,700,000). The precise amount of this contribution will be determined in accordance with the terms of the City's Park Land Fee Ordinance (Ordinance No. 1605) in effect on the Effective Date. Developer acknowledges that the inhabitants of the Project will benefit whether the City elects to apply these funds to the acquisition of parkland or to park and recreational improvements to Tawny Park, Orloff Park, BMX Park, Lions Wayside Park, Delucchi Park, Staples Ranch Community Park, Alviso Adobe Community Park, Creekside Park, Bernal Community Park, Tennis and Community Park, Sports Park, and recreational trails, or a combination thereof. Section 3.8 DSRSD and Zone 7 Fees. Included within attached DA Exhibit C is a list of fees collectible by City on account of the Dublin San Ramon Services District("DS tSD") and Zone 7 Water Agency ("Zone 7") for sewer and water connections, respectively, for the Project. The parties acknowledge that DSRSD and Zone 7, and not City, control the amount of such fees, and Developer shall pay to City upon issuance of certificates of occupancy the amount of such fees then in effect or any such other amount that may be agreed upon in writing by Developer and DSRSD or Zone 7. ARTICLE 4 City Obligations Section 4.1 Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cocperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 4.2 Availability of Public Services. To the maximum extent permit ed by law and consistent with its authority, City shall assist Developer in reserving and securing capacity for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project. #12772144_0 7