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3 5;i0 County and Developer acknowledge and'atgree that the Master { Acquisition and-,.R' burset�ient A ee ent!'04, t, s to oat[t' ' ctrl b { r a 9 Y PWA �' x01 , �tld oti a agreements { (finar�cng, fee credits, reiri�titusgtents,r�ven4ie bciiEids; txnpm ge v iQ`e�r e3 MtIIG` Da Countyaitd I�evelicr `gi?e that t�yre4Cotty' 2T�.(} j�ts tom. the Fcstiiig App�royas SlalX b30nsistev Abeb � et r � Acquisition and ReimbEmect °Areeinent and aify sb >li � edr® eiat�Aagisli' $' ;and Iie`imbursement AgrceiiYent The Aarties further agree'thst aiiy�sutsequsttt bounty A �rcvl or amendment to the Corrinunity App�royals::shall be consistent t�cit tle 1V� SDobltgttons to Developer; County expressl _agrees that any such approval refeeitco above sEil not adversely affect Developer's rights and the economic benefits pyrided an'the liasfer Acauisitivn and Reimbursement Agreement aiid any subsequenfiy executed:Pro�ect Acquisition and Reimb rsement'Agreeriient The provisions of this Section 3 5 10 are sub3ect to the CourFty's reserved discretion and authority under Section 2.5 of this Agreement: 3.5.11. Subject to the provisions of applicable law,- County and Developer agree that when, and to the extent, Developer is entitled to any form of reimbursement by developers of f her than Developer in connection with Developer s finaricing acid installation of infrastructure r pursuant to any Acquisition and Reimbursement Agreement Between Developer and the MHCSD, County will cooperate with Developer and the MHCSD by conditioning land use approvals and entitlements for such developers upon appropriate reimbursement to Developer through the MHCSD consistent with the Master Acquisition and Reimbursement Agreement and any subsequently executed Project Acquisition and Reimbursement Agreement. County further agrees not to adopt any changes in the Cost Reimbursement Ordinance adopted as of August 10, 1999, or the Public Land Equity Program Ordinance, adopted as of October 28, 1997, that would_ operate to delay the timing or reduce the amount of any reimbursement due the Developer. I 3.5.12. County and Developer acknowledge that the MHCSD has adopted the Mountain House Transportation improvement Fee (MHTIF). The MHTiF requires developers within the Community to respectively fund their fair share of certain transportation improvements as specifically designated in the MHTW Technical Report (Technical Report) C dated March 19, 2000. 3.5.12.A.I. County acknowledges that MHTIF establishes the funding obligations for transportation improvements of Community Developers within the Community. Community Developers will be responsible to fund, and may, but are not obligated to, construct the designated transportation improvements within the Mountain House Planning Area(MHPA) as defined in the Technical Report and select Regional Roadways as defined in the Technical Report. Community Developers will also be responsible for funding, and may, but are not obligated to, construct "Other.Jurisdiction's" proportionate share of improvements to select Regional Roadways in San Joaquin County as defined by the Technical Report. If those certain transportation improvements that the Community Developer is responsible for are triggered for construction as a result of a Community Approval before the MHCSD has collected enough money to construct the needed transportation improvement, then the Community Developers shall be responsible to fund the shortfall, subject to reimbursement and credits as provided for in the MHT1F, resolutions, and Technical Report. w0e-sF:FP©\61481145.2 -34-