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Development Agreement Regulahans, as maybe necessa[y to catnplyv�rith such state or federal: laws or'regulat 8 or the regulutiottst4£st�ch oth rygove�ental t 14M ft N5€ 5 2 Al ,TaeCtttlfi � �fr� �d ' ' _, r - 4_pv h`1 &. r, 5'° ' Y to}- a,� $p d s ;wM 4„ \ actiolts:of regional anc toeal atcas1 ; {� � �� or actions of the Counfy�tacent;gcfatti � paq � $• lth 4 , R i u K� tut.. c f' - by actions of federal.or state er�ei�sJ UAver thero r ��ia° a�` g� ; v to L -•� r ° implerientatton of tle�lllasker Iar►or deueluprnet� lhe ro io ,azo� e to County shall not m any tnatuier MY:'Wt�onJQ�or pae �rich actions:include, but:are not lrtr#�ted tai flood p'la�n cir}u�+�tlandsud �gat�os analofrons tithe County or regional and local agehcies as a result thereof,a[nd,fhe�rrip�sit'xon 0'. au t�uaI ty`:oc transportation measures or:sanc.t ons and actions of he<Caunty,or re final and loyal agen tes as' a result thereof As a eoriciition to being able to proceed wA#h deYaloprnent,the l3eyelopec required, at its cost.and wthout:.cost to or q, U11 on tlae part of the:Cour►ty, to participate,to such regional or local programs adopted pursuant to applicable law and to be'sub}eet ta' such development restrictions as may be necessary or.appropriate by.reason of such actions of federal or state agencies (or such actions of regional and local agencies including tie County, required. by federal or state agencies, or action of the Cour.ty-taker in order to prevent.adverse impacts upon the County by actions of federal or state agencies): Actions by the County hereunder shall not be arbitrary or capricious, and the County shall consider Developer's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement and the Existing Approvals in light of such actions of federal and state agencies. In the alternative, in the event that such new regulations make it infeasible for Developer to proceed with the development of the Property, Developer shall consult with County and shall consider, in good faith, County's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement in light of the circumstances. If a mutually acceptable resolution cannot be reached, Developer may elect to withdraw from and terminate its rights and obligations under this Agreement. 2.5.3. Notwithstanding anything herein to the contrary, all applications for Development Permits shall be subject to the development, impact, mitigation and processing fees which are lawfully enacted and in force and effect at the time the application therefore is filed, including, but not limited to, costs, charges, fees and other payments imposed by the MHCSD and any Financing Mechanism; provided, however, that such fees are applied to implement the Existing Approvals or Reserved Discretionary Approvals. Notwithstanding the foregoing, however,County and Developer have determined and agree that to the extent the Property has already been subjected to mitigation and/or the payment of fees to mitigate Project-related infrastructure impacts, future County-wide development impact fees to mitigate the same impacts shall not be imposed upon the Property. Nothing in this Section 2.5.3. shall be construed to modify or reduce Developer's obligations under the Mountain House Transportation Improvement Fee (MHTIF), the County's Transportation Impact Mitigation Fee (TIMF), or the Regional Traffic Impact Fee (RTIF). In addition, the Developer shall pay, at the time of application for or as a condition to issuance of building permits or other entitlements or certificates of occupancy, its pro rata portion of any fees established by the County not in conflict with the Public Financing Plan and this Agreement to monitor the carrying out of the w02-Sr:FPD1614$1ias.z -28-