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F Development A cement:Re 1 tions, as ma be necessary to comply with such stt;te or federal p Y y laws or regulations or the'regulatrotls Qf such other governetttl= d�c pn .Y S5 sf3 .i i 2 52 4 r �� a� I" a � e,f�; �,+ > �^..- r A- o fie'e�`t- t� 'cnt° e lr+$ t j��, � ; n $ c e Mtn U.0 z F x �' achaps of re tonal a c� o ala g � or acct©ns of the iCat�rctrtalcen d a t�r s g` � r xx $ ' HIM K z tts�t`x+�- 7 a i ' :by actions of federal pr state age tcios)ihay.st e re r x } i d a- icnplenaentatipn ofthe Mister flanX¢c�etpzne � the �'� _ y (]o¢y r��r �'fihe, �t County shalnot in,'any trianneze Ire ©rye peeitln,` oar ►r �` ca c0rt etch actions include, but are not limited to, fl000 401" yv etlat�d ,dc i t p as,i nc qac#tops of the {' 4 r > r - ? i County or.regional`aitd local agencies as a result#t ereQf, nd e ttn Q�[tton q#�atr q t ;or 1 transportation Fneasues or sanctions and actions of the Caunt or gtQnal and Ic�oal agencies as a result thereof. As a oondition to being abie;to proceed wttt�deeopment, the Developer inay°be required, at its cost.and without.cost to or ol?itgandn on t#e part ofbounty, to participate in such regional.or local:programs adopfd pursuant to applicable-law and to be subject.to.such development restrictions as.may be inecessary or appropriate byreason of such actions of federal or state agencies (or such actions of regional and local agencies; including the County, required by federal or state agencies, or action of the County taken.in order to'prevent adverse impacts. upon the County by actions of federal or state ageicies): Actions by the Co:intyereunder 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 p g 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 i 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 woe-sF FPD%614811as.2 -28-