Laserfiche WebLink
3 5:12 D :Developer aeknowldges that rf changes are rrtade to the adopted <br /> land uses rn-the Community Approva.9 the Cod t ixrayiregrrrr Apel transport tr rr mitigation <br /> s <br /> + f <br /> 3 I2 E Develop� cloowledat94rigk,k} ttt ;sectoi"relieves <br /> s.+sY <br /> the Developer of the resp4nsrbtity for}corrtpyttir� heOen'e[ � ?i , ifa5er Y�jan Qr <br /> apptcable Specrfie Plaits:: <br /> + _ <br /> 3:6 Fin nancrngeclrantsms=for Certain Improverrien.. <br /> 3..6.l IJeveloper shall-have the rtglit to regpest Count3r andfor the LVIHCSD, upon. ' <br /> Developer's posting a deposit or 6ther�security satisfactory to gunty;for payment of Co.urity's <br /> costs in connection therewith, to initiate and eonclude appropriate proceedings'for the <br /> establishment of Financing Mechanisms under 4pplrca#s1e;Laws:and drdinaa ces tb�pay fo.r the <br /> costs.and expenses associated with the-construction and provts on of the Exactions appli6able:to <br /> the.development of the Property. Developer itray also rW46'sttthat County and/or the'MH <br /> C, D <br /> consider the utilization of any other financing method then available under Ordinances or Laws, <br /> provided that'such alternative methods do.not impose any additional unreiinbursed.expense upon <br /> County. Upon Developer's request to initiate proceedings, County and/or the MHCSD shall <br /> initiate proceedings under applicable Ordinances and Laws, it being understood and agreed, <br /> however, that County and/or the MHCSD must follow applicable legal procedure with respect <br /> thereto and reserve its legislative discretion in determining spread of assessments, allocation of <br /> benefit and other matters and in deciding whether to approve the formation of any such <br /> Financing Mechanism. Developer shall cooperate with the County and/or the MHCSD in the <br /> establishment of any such Financing Mechanism and waives its rights to protest such <br /> establishment if it is in accord with the Existing Approvals and the standards, terms and <br /> conditions of this Agreement- Developer does reserve, however, its rights to protest during any <br /> such proceedings the allocation of benefit and spread of assessments. Developer also reserves the <br /> right to withdraw its request under this Section 3.6_, provided County and/or the MHCSD is fully <br /> reimbursed for its costs and expenses hereunder. If a Permitted Assignment is made after <br /> proceedings to establish a Financing Mechanism have been initiated, the Person or Persons then <br /> holding title to the Property or any interest therein shall continue to cooperate with the <br /> establishment of the Financing Mechanism. Developer acknowledges and understands that the <br /> failure to establish any such Financing Mechanism or Developer's failure to participate therein <br /> may preclude development of the Property until a Financing Mechanism is established by the <br /> County or the MHCSD and Developer participates therein. Nothing in this Agreement shall <br /> preclude County and/or the MHCSD from acting pursuant to its powers and applicable Law or <br /> precludes County from cooperating with the MHCSD to establish Financing Mechanisms that <br /> may include all or a portion of the Property as well as other property within the Community. <br /> Nothing in this Agreement shall authorize County and County agrees not to adopt or impose any <br /> special tax or property related tax or assessment upon Developer's undeveloped lands unless such <br /> tax or assessment is adopted and imposed in strict compliance with Articles XIIIA, XIIIC and <br /> Xl1fD of the California Constitution. <br /> 3.6.2. In connection with bonds or other financings proposed to be undertaken by <br /> County or the MHCSD or pursuant to a Financing Mechanism, Developer understands and <br /> W02-SFTPE)D 6[481145.2 -367 <br />