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3.5.104. County and Developer acknowledge anal agree that the lVfaster <br /> fin frig d other agteetnetts <br /> Acquisition and Reitt�llurssmen#Agreement contatis�n�portant aqJa <br /> (financing, fee credits, reiernenteve1 b�otids;eke3ern � yc�i'er 1 tl <br /> 11i1HC D <br /> CoitarEd Deveio er'AMC thatr�ll tUjre Con�ity1 �a�s���"� en�i�ents <br /> n d 5 n 1 vr� 3'f, " i ° t <br /> the Existing Approvals shall itot tib tztcs4nsisteht wit eb ms �ter <br /> 1-- ::1 y.�i 4f N #ed3L tq.4 <br /> Aaquisition and Reimb4irsemei t gree hent ai d an3i suU lq 4�#� < 5 ' ; <br /> acid Reimbursement Agreement .The parties:further aglee'that any aabsequent<Coty Api`oya� <br /> or amendment to,the.Cornmunity�,Approvals shall be consi'te�t wit�1 the NXH�SI�'s obltgatibns '` , <br /> to Developer;: County expressly agrees that any such approval re£et?enee above strap not q f <br /> adversely affect Developer's ngts and the economic benefitsarpuXdec in e­Master Acquisition ' <br /> and Reimbursement Agreement and any subsequently executed Project Acquisition'and <br /> Reimbursement Agreement Theprovsions of this Section 3 5 1.0 are subject to.the_County's <br /> reserved discretion and authority'under Section 2.5 of this Agreement: <br /> 3.5.11. Subject to the provisions of applicable law, County and Developer agree <br /> that when, and to the extent,.Developer is entitled to any form of reimbursement by developers <br /> other than Developer in connection with Developer's financing and installation of infrastructt:ire <br /> pursuant to any Acquisition and Reimbursement Agreement between Developer and the <br /> MHCSD, County will cooperate with Developer and the MHCSD by conditioning land use <br /> approvals and entitlements for such developers upon appropriate reimbursement to Developer <br /> through the MHCSD consistent with the Master Acquisition.and Reimbursement Agreement and <br /> any subsequently executed Project Acquisition and Reimbursement Agreement. County further <br /> agrees not to adopt any changes in the Cost Reimbursement Ordinance adopted as of August 10, <br /> 1999,or the Public Land Equity Program Ordinance, adopted as of October 28, 1997, that would <br /> operate to delay the timing or reduce the amount of any reimbursement due the Developer. <br /> 3.5.12. County and Developer acknowledge that the MHCSD has adopted the <br /> Mountain House Transportation improvement Fee (MHTIF). The MHTIF requires developers <br /> within the Community to respectively fund their fair share of certain transportation <br /> improvements as specifically designated in the MHTIF Technical Report (Technical Report) <br /> dated March 19, 2000. <br /> 3.5.12.A.I. County acknowledges that MHTIF establishes the funding <br /> obligations for transportation improvements of Community Developers within the Community. <br /> Community Developers will be responsible to fund, and may, but are not obligated to, construct <br /> Area the designated transportation improvements within the Mountain House Planning Are (MHPA <br /> ) <br /> as defined in the Technical Report and select Regional Roadways as defined in the Technical <br /> Report. Community Developers will also be responsible for funding, and may, but are not <br /> obligated to, construct "Other Jurisdiction's" proportionate share of improvements to select <br /> Regional Roadways in San Joaquin County as defined by the Technical Report. if those certain <br /> transportation improvements that the Community Developer is responsible for are triggered for <br /> construction as a result of a Community Approval before the MHCSD has collected enough <br /> money to construct the needed transportation improvement, then the Community Developers <br /> shall be responsible to fund the shortfall, subject to reimbursement and credits as provided for in <br /> the MUTIF, resolutions, and Technical Report. <br /> w02-sF:F'PD\6148l l 4s-z -3 4- <br />