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3.5.12.C. The County and the Developer acknowledge that, in addition to the MHTIF and the County TIMP, the Developer must comply with the RTIF as adopted on January 7,2006, in resolution R-06-38. Developer acknowledges that nothing in this section relieves the Developer of the responsibility to fully comply with the RTIF. 3.5.12.D. Developer acknowledges that if changes are made to the adopted land uses in the Community Approvals, the County may require new transportation mitigation. 3.5.12.E. Developer acknowledges that nothing in this section relieves _ the Developer of the responsibility for complying with the General Plan,Master Plan or applicable Specific Plans. 3.6. Financing Mechanisms for Certain Improvements. 3.6.1. Developer shall have the right to request County and/or the MHCSD,upon _ Developer's posting a deposit or other security satisfactory to County for payment of County's costs in connection therewith, to initiate and conclude appropriate proceedings for the establishment of Financing Mechanisms under applicable Laws and Ordinances to pay for the _ costs and expenses associated with the construction and provision of the Exactions applicable to the development of the Property. Developer may also request that County and/or the MHCSD consider the utilization of any other financing method then available under Ordinances or Laws, provided that such alternative methods do not impose any additional unreimbursed expense upon County. Upon Developer's request to initiate proceedings, County and/or the MHCSD shall initiate proceedings under applicable Ordinances and Laws, it being understood and agreed, however,that County and/or the MHCSD must follow applicable legal procedure with respect thereto and reserve its legislative discretion in determining spread of assessments, allocation of benefit and other matters and in deciding whether to approve the formation of any such Financing Mechanism. Developer shall cooperate with the County and/or the MHCSD in the establishment of any such Financing Mechanism and waives its rights to protest such establishment if it is in accord with the Existing Approvals and the standards, terms and conditions of this Agreement. Developer does reserve, however, its rights to protest during any such proceedings the allocation of benefit and spread of assessments. Developer also reserves the right to withdraw its request under this Section 3.6., provided County and/or the MHCSD is fully reimbursed for its costs and expenses hereunder. If a Permitted Assignment is made after proceedings to establish a Financing Mechanism have been initiated,the Person or Persons then holding title to the Property or any interest therein shall continue to cooperate with the establishment of the Financing Mechanism. Developer acknowledges and understands that the failure to establish any such Financing Mechanism or Developer's failure to participate therein may preclude development of the Property until a Financing Mechanism is established by the County or the MHCSD and Developer participates therein. Nothing in this Agreement shall preclude County and/or the MHCSD from acting pursuant to its powers and applicable Law or precludes County from cooperating with the MHCSD to establish Financing Mechanisms that may include all or a portion of the Property as well as other property within the Community. Nothing in this Agreement shall authorize County and County agrees not to adopt or impose any special tax or property related tax or assessment upon Developer's undeveloped lands unless such w0e-SF:FPD\61481 145.2 -36-