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2.IJ Subject to the Speca]Conditions, the I�oServed Drcret>�cnatyx Approval's and all.;.other:terms°and c ond�tiorts of tli�s Agreemt,gn` eE#fect� e`9af the�Ieeliri#akl 1 L / 3 L R i i ! .Y +� 3 have the rigs t tLL o devo. the properly n� cx r l ce ticend 'f 'd t, of the Extstin !Approvals �iriyss jftedt #tt Agreement{the"Meted Eiemerits�` the Ieoopr re�gne th tl�s`� n � t i•� " y i n r„s .A 9 ?w provttie fgr vanaus eondlttons to fie s tls ed for e e lop iWIL IL I 3 x not htit7ted to: ¢ _Y \ 2 :1 A. The executir n fey the D welopersand M 56�f`than CXoldeii State"liavestrnents II LP Master Acquisition°and Reimbsem�rtt�rgreement;add 2<1:1.B. Thereafter to proceed in accordance wtth`A'he pro�rtstons of s Section 2.3.2, hereof including but not 1►mited to cQndttions relating tOL )fi using ba[ai ce, affordable housing, roads and transportation facilities, the.ded><catton:and estiabltshi hent ofpublic parks, open space and recreation areas,arid'the provision of necessary,in&astucture and`public improvements facilities and service's through Financing'Mecl atiisms 2.L LC Throughout the term of this Agreement, the County wdi monitor the development of the Community with respect to the policies, goals, standards and,objectives of the Existing Approvals. Accordingly, any rights of the Developer under this Agreement are subject to such conditions and all other conditions of the'Existing Approvals. 2.1.2- Subsequent Development Agreements covering the Property, in whole or in part, shall incorporate or contain provisions in substantial compliance with the provisions of this Section 2., except as otherwise approved by the County in its sole discretion. Subsequent Development Agreements covering portions of the Property shall be substantially consistent with each other to the extent deemed feasible by County in implementing and complying with the provisions of the Master flan, Public Financing Plan and subject to the Special Conditions. Inasmuch as this Agreement may require Subsequent Development Agreements, and notwithstanding that the approval of such Subsequent Development Agreements is a legislative act, the Board of Supervisors shall not act in any arbitrary or capricious manner or in a manner in conflict with the provisions of this Agreement in considering the approval of any such Subsequent Development Agreements. 2.1.3. Developer agrees that the Property densities shall be governed and controlled by the Existing Approvals, subject to the terms of this Agreement, and expressly waives for the benefit of itself and its successors and assigns the benefits of and reliance upon any Law now existing or hereinafter enacted providing for density bonuses or other land use entitlements inconsistent with the Existing Approvals. 2.1.4. In the event of any conflict between the provisions of this Agreement and the other Existing Approvals, the provisions of this Agreement shall control. In the event of any conflict between the Existing Approvals, the latest of the Existing Approvals to be approved by the County shall control. W02-SF:FPM51481145.2 -25- I