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(c) Fee Adjustments. Notwithstanding subsections (a) and (b)above, during the Term of this Agreement, Developer shall pay those periodic cost of living or similar indexed increases, decreases or adjustments to Development Impact Fees and Regulatory Processing Fees as are applicable and in effect at the time such fees would otherwise be payable to City. (d) Fees Charged by Other Entities. Developer acknowledges that this Agreement does not control development related fees charged by entities other than the City. Developer shall be responsible for the payment of such fees or charges imposed by entities other than the City in effect at the time of payment of such fees or charges notwithstanding that the City may collect such fees on behalf of those other entities. If there is a dispute over the amount of the fees or charges between the Developer and an entity other than the City, upon the Developer's request the City shall use its best efforts to encourage a resolution of the issue between the Developer and that entity. If the City, despite its best efforts, is not able to bring about an amicable resolution, Developer solely shall be responsible for the fees or charges imposed by the entity. 4.2 Valley Trails Park Improvements. Prior to issuance of the first building permit, Developer shall deposit five hundred and forty five thousand three hundred dollars ($567,500) into a segregated and interest-bearing account designated by the City for use by the City to fund the design, construction, operation and maintenance of a restroom or other improvement(s) in the Valley Trails Park. Said improvements shall be determined by the City through a development review process. This requirement is in addition to any requirements to fund or construct improvements that may be contained in the Project Approvals. Developer will not receive credits against payment of City park fees for this amount. 4.3 Homeowners' Association and Clubhouse (a) Homeowners' Association Prior to the issuance of the 13th building permit for the Project, Developer shall form a Homeowners' Association for the Project("Homeowners' Association"). (b) Construction of Clubhouse Prior to the issuance of the 13th building permit for the Project, Developer shall construct a private clubhouse on the Property in a location identified in Exhibit C attached hereto ("Clubhouse"). The Clubhouse shall be owned and maintained by the Homeowners' Association. The Clubhouse shall consist of a meeting space to accommodate non-fixed seating occupancy of approximately 40 people and an internally accessible restroom. 8