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3.5.12.A.2. County further acknowledges that funding "Other Jurisdiction's" financial responsibilities for select Regional Roadways, as identified in the MHTIF Technical Report, shall offset against the Community Developer's responsibility to fund other transportation improvements in Other Jurisdictions as well as other transportation improvements in the County as specifically detailed in the Technical Report. The mitigation offset described in the Technical Report implements the mitigation offset program described in the Community Approvals. Developer acknowledges that County is responsible for implementation of the mitigation offset program as detailed in the Technical Report. Developer further acknowledges that County may amend the mitigation offset program,provided that the fair share obligations as set forth in the Technical Report and Community Approvals are maintained. 3.5.12.A.3. The County acknowledges that when the dwelling unit trigger point is reached for the Grant Line Road traffic improvement described in Master Plan Table 9-2 (segment from the County line to 1-580 Interchange), the Community Developer(s) shall fund this transportation improvement to the extent that the component of the MHCSD's reserved account for the Other Jurisdiction Fee is insufficient to fund the Grant Line traffic improvement. The funding Community Developer shall be entitled to fee credits against the Other Jurisdiction Fee, and/or lump-sum reimbursements from any benefiting Developer(s)pursuant to oversizing/reimbursement agreements with the MHCSD, to be payable by the benefiting Developer(s). 3.5.12.A.4. Future County transportation improvements, not yet addressed in the Community Approvals,may be added to the TIME The Community Developer shall be required to pay their fair share if subsequent traffic studies determine that the Community is contributing to the need for improvements on the yet to be addressed County transportation improvements. In addition, the fair share obligation for certain miscellaneous County roadways that may not yet have been established. These miscellaneous County roadways may be added to the TIMF provided that the Community's fair share obligation is determined prior to the inclusion in the TIMF and provided that the Community is required to fund only its fair share obligation for these transportation improvements. 3.5.12.B. The County agrees that the Community and/or Community Developers shall not be subject to any moratorium or other restriction on development permits because designated transportation improvements are not started or completed prior to a trigger point, specifically identified in the Master Plan and/or applicable Specific Plan,being reached, including those defined as Regional Roadways within the MHPA, transportation improvements within "Other Jurisdictions," or other undefined transportation improvements not covered in the Community Approvals, provided that Community Developer has complied with funding requirements as, outlined in the MHTIF, TIMF, and Regional Transportation Impact Fee(RTIF). 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. W02-SF:FPD\61481145.2 -35-