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M <br /> 2 1 1 Subject to thSpeialCon _13 <br /> to <br /> and all other terms and conditions b f th><s"Agreerrtt,tanheeotVe�M e~ h1%pr" salt'-� <br /> have then t t0 develo the Pro ei Tn "N ° <br /> 1?7 r p y _w wit a d it j eEt� d <br /> cond;<ttons�of the Ex1st;€rig ApprovalsIire�ssygnl<fie� #�tf= <br /> Agreement,(the V ested3Elemettts�} ,Te Ievet pe rec; gtlt�es,tar�v � <br /> r <br /> proy�de fgr_'vanous coed ttdt O'M satts{fed itc r�the de lop. ett of �� i�r � ><t but <br /> L <br /> 2 1 i A. The ex uto b the D ' "'; '` '` <br /> ec n yvelctpernd MiSD t�f�thldert <br /> State liivestment5 II LP Master atrnbuAcgiiEsthd rertA bfnZ - <br /> 2;:1.1 B. Theieafter`to proceed in-ac" 9p s�vith.therc�sr,stons;=af <br /> Section 2.3.2.,hereof inc lii ling but riot limited to.condi Ions relating to jabslhous' gfiatattce,. <br /> affordable housing, roads'and transportation faclilittes, the dedicu tori a>ad esfiablish (lent ofpubl c <br /> parks; open space and recreation areas;and the prouistori of necessary m&astructure and:pubiic . <br /> improvements facilities and services through Financing MecitazusMis <br /> 2.1.1.0 Throughout the term of this"Agreement, the Countiywail moru'tdr <br /> the development of the Community with respect to the policies, goals standards and.objectives <br /> of the Existing Approvals. Accordingly, any rights of the Developer udder this Agreement are <br /> subject to such conditions and all other conditions of the Existing'Approvals. <br /> 2.1.2. Subsequent Development Agreements covering the Property, in whole or in <br /> part,shall incorporate or contain provisions in substantial compliance with the provisions of this <br /> Section 2., except as otherwise approved by the County in its sole discretion. Subsequent <br /> Development Agreements covering portions of the Property shall be substantially consistent with <br /> each other to the extent deemed feasible by County in implementing and complying with the <br /> provisions of the Master Plan, Public Financing Plan and subject to the Special Conditions. <br /> Inasmuch as this Agreement may require Subsequent Development Agreements, and <br /> notwithstanding that the approval of such Subsequent Development Agreements is a legislative <br /> act, the Board of Supervisors shall not act in any arbitrary or capricious manner or in a manner in- <br /> conflict with the provisions of this Agreement in considering the approval of any such <br /> Subsequent Development Agreements. <br /> I 2.1.3. Developer agrees that the Property densities shall be governed and <br /> controlled by the Existing Approvals, subject to the terms of this Agreement, and expressly <br /> waives for the benefit of itself and its successors and assigns the benefits of and reliance upon <br /> any Law now existing or hereinafter enacted providing for density bonuses or other land use <br /> entitlements inconsistent with the Existing Approvals. <br /> 2.1.4- In the event of any conflict between the provisions of this Agreement and <br /> the other Existing Approvals, the provisions-of this Agreement shall control. In the event of any <br /> conflict between the Existing Approvals, the latest of the Existing Approvals to be approved by <br /> the County shall control. <br /> W02-S F:F PD%61481 145.2 -25- <br />