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i 4 <br /> E <br /> f <br /> f all Qther Governmental Agencies,fzncluding but-not limited to,;those agencies referred.to,in <br /> Exhibit B 3,ofth>s Agreement <br /> �. . <br /> y K <br /> C Itis the uttt otus xragrh C tha#vtri reyierigand <br /> r DtscfetiQ atY Approvals d � tnohf,tron Y4c#�o is hy:yC� y zy siert i is 1 ��� a i x ' <br /> TY, <br /> vnt a ti... <br /> as ICaI] �and to'1t�Fs' isFa a ' tape <br /> ' n f' �,c''"'4 a Y r ; .;' _ a;f�.} tia a £ i r"" <br /> �' N: , { wrepphatce urLth zeutret ��� <br /> pet`s from other age#ets{otft° r�a its ` ` � € s syr r <br /> { y)have rtt�scto an ` fit i <br /> or�n art Yt, r, Yt It � <br /> 4s not ir€tended thatthe4�o r=` x t o e <br /> �ntyy vu# e of#his pi C,wlLassert�uria+dctit�n' <br /> not otherwise available t Lt under,t$e E� c[sttn A4vals d fit �4 r 3 <br /> g pi?.£ gree etit with°respect t, <br /> matters under the exclusiveur�sdtchon of Ocher Governmental A$er►ces <br /> D. To the exten#that Developer:may dispute ar congest Exactions,imposed by'Other Y <br /> Goverrunedtal Entifies ("Disputed Exactions':), and`if Developer:is otller�vtseenttiled to the <br /> adaption of a`.Reserved Discretionary Approval or,Itnplen entation Action bYJCour Ey, County <br /> may adopt such Reserved Discrettonary Approval or Implementing Actv.on by Cour tysuliject to <br /> Developer's right to contest such Drsputed"Exactioris, subject.to the followrn conclit�ons:tliat <br /> shall be conditions of County's actiorr'(whether or not expressly stated'as:a'condition tothat: <br /> at <br /> action): <br /> 1'. t In all events Developer shall comply with all lawfully.imposed Exactions <br /> of Other Governmental Entities within the time and manner required by said Exactions; and <br /> 2. Developer shall defend, indemnify and hold harmless the County from all <br /> attorneys' fees, costs, expenses and claims for liability or damages incurred by County in the <br /> event legal actions are brought over said Disputed Exactions or County's adoption of a Reserved <br /> Discretionary Approval or Implementation Action involving said Disputed Exactions. <br /> III. CONDITIONS OF DEVELOPMENT; SPECIAL DETERMINATIONS REQUIRED <br /> A. In addition to other findings and conditions as may be deemed applicable, no <br /> Reserved Discretionary Approval or Implementation Action by County for the planning or <br /> development of the Property or any part thereof shall be approved unless the reviewing authority <br /> either: (1) makes the following determinations where applicable; or(2) expressly waives such <br /> determinations, in whole or in part, as not applicable to the Property or part thereof or the <br /> required approval, and stating the reasons therefore with such waiver and the reasons therefore <br /> appearing in the record or document of approval. For purposes of this Section [11, "Property" <br /> shall mean that portion of the Property covered by the particular application or action being <br /> considered by the County. The determinations required hereunder need not be separately stated <br /> for each Reserved Discretionary Approval and Implementation Action by County but may be <br /> included as part of other Reserved Discretionary Approvals and Implementation Actions by <br /> County, or may be satisfied by a general determination that the action is consistent with the <br /> terms of this Development Agreement and any applicable Subsequent Development Agreement. <br /> These determinations are: <br /> W02-SF:f PD161481145.2 Exhibit C <br /> h <br />