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3.5.10. County and Developer acknowledge and agree that the Master <br /> Acquisition and Reimbursement Agreement contains important financing and other agreements <br /> (financing, fee credits, reimbursements, revenue bonds, etc.) between Developer and the <br /> MHCSD. County and Developer agree that all future County approvals and/or amendments to <br /> the Existing Approvals shall not be inconsistent with the obligations under the Master <br /> Acquisition and Reimbursement Agreement and any subsequently executed Project Acquisition <br /> and Reimbursement Agreement. The Parties further agree that any subsequent County Approval <br /> or amendment to the Community Approvals shall be consistent with the MHCSD's obligations <br /> to Developer. County expressly agrees that any such approval reference above shall not <br /> adversely affect Developer's rights and the economic benefits provided in the Master Acquisition <br /> and Reimbursement Agreement and any subsequently executed Project Acquisition and <br /> Reimbursement Agreement. The provisions of this Section 3.5.10 are subject to the County's <br /> reserved discretion and authority under Section 2.5 of this Agreement. <br /> 3.5.11. Subject to the provisions of applicable law, County and Developer agree <br /> that when, and to the extent,Developer is entitled to any form of reimbursement by developers <br /> other than Developer in connection with Developer's financing and installation of infrastructure <br /> pursuant to any Acquisition and Reimbursement Agreement between Developer and the <br /> MHCSD, County will cooperate with Developer and the MHCSD by conditioning land use <br /> approvals and entitlements for such developers upon appropriate reimbursement to Developer <br /> through the MHCSD consistent with the Master Acquisition and Reimbursement Agreement and <br /> any subsequently executed Project Acquisition and Reimbursement Agreement. County further <br /> agrees not to adopt any changes in the Cost Reimbursement Ordinance adopted as of August 10, <br /> 1999, or the Public Land Equity Program Ordinance, adopted as of October 28, 1997, that would <br /> operate to delay the timing or reduce the amount of any reimbursement due the Developer. <br /> 3.5.12. County and Developer acknowledge that the MHCSD has adopted the <br /> Mountain House Transportation Improvement Fee (MHTIF). The MHTIF requires developers <br /> within the Community to respectively fund their fair share of certain transportation <br /> improvements as specifically designated in the MHTIF Technical Report (Technical Report) <br /> dated March 19, 2000. <br /> 3.5.12.A.1. County acknowledges that MHTIF establishes the funding <br /> obligations for transportation improvements of Community Developers within the Community. <br /> Community Developers will be responsible to fund, and may, but are not obligated to, construct <br /> the designated transportation improvements within the Mountain House Planning Area(MHPA) <br /> as defined in the Technical Report and select Regional Roadways as defined in the Technical <br /> Report. Community Developers will also be responsible for funding, and may, but are not <br /> obligated to, construct "Other Jurisdiction's" proportionate share of improvements to select <br /> Regional Roadways in San Joaquin County as defined by the Technical Report. If those certain <br /> transportation improvements that the Community Developer is responsible for are triggered for <br /> construction as a result of a Community Approval before the MHCSD has collected enough <br /> money to construct the needed transportation improvement, then the Community Developers <br /> shall be responsible to fund the shortfall, subject to reimbursement and credits as provided for in <br /> the MHTIF, resolutions, and Technical Report. <br /> W02-SF:FPDW1481145.2 -34- <br />