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2.5.2. Development Fees for Existing_Approvals. The County and Developer <br /> have determined and agree that, because the Project has already been subjected to mitigation and <br /> the payment of fees to mitigate Project-related impacts in the Use Permit, Project EIR and <br /> MMRP, no new County development, impact or mitigation fees or measures shall be imposed <br /> upon the Project during the Term of this Agreement, including upon any application for <br /> Development Permits to implement the Project or Existing Approvals filed after the Effective <br /> Date and during the Term of this Agreement, unless otherwise required by the Use Permit, the <br /> Project EIR or the MMRP. In particular,the Developer shall have the obligation to pay fees due <br /> under either the County's Transportation Impact Mitigation Fee (TIMF) or the RTIF at the time <br /> and in the manner provided in the Use Permit, Project EIR and/or MMRP in connection with any <br /> Development Permit to implement the Project. <br /> 2.5.3. Development Fees for Project Revisions and Amendments to Existing <br /> Approvals. The County and Developer have also determined and agree that, because the Project <br /> has already been subjected to mitigation and the payment of fees to mitigate Project-related <br /> impacts in the Use Permit, Project EIR and MMRP, no new County development, impact or <br /> mitigation fees or measures shall be imposed upon any revision to the Project or amendment to <br /> an Existing Approval during the Term of this Agreement, including any application for <br /> Development Permits to implement the revised Project or an amended Existing Approval filed <br /> after the Effective Date and during the Term of this Agreement, unless discretionary review by <br /> the County is required under Applicable Law and/or CEQA in connection with such revision or <br /> application, and one or more of the conditions described in CEQA Guidelines Section 15162(a) <br /> have occurred or would occur in connection with such revision or application, or unless <br /> otherwise required by the Use Permit, the Project EIR or the MMRP. <br /> 2.5.4. Development Fees for Subsequent Discretionary Approvals. All <br /> applications submitted after the Effective Date and during the Term of this Agreement for a <br /> Subsequent Discretionary Approval, or for a discretionary Development Permit to implement a <br /> Subsequent Discretionary Approval, shall be subject only to those County development, impact <br /> and mitigation fees which are lawfully enacted, applicable and in force and effect as of the <br /> Effective Date, except as otherwise required by the Use Permit, the Project EIR or the MMRP. <br /> 2.5.5. CEQA Mitigation. Notwithstanding anything to the contrary in this <br /> Section 2.5., if any of the conditions described in CEQA Guidelines Section 15162(a), Section <br /> 15163(a) or Section 15164 have occurred or would occur in connection with a proposed Project <br /> revision subject to discretionary review under Applicable Law and/or CEQA, an application for <br /> an amendment to an Existing Approval subject to discretionary review under Applicable Law <br /> and/or CEQA, or an application for a Subsequent Discretionary Approval, the County shall <br /> require preparation of a Subsequent EIR, a supplement to the Project EIR or an addendum to the <br /> Project EIR, as applicable under the CEQA Guidelines. If any of the conditions described in <br /> CEQA Guidelines Section 15162(a) are presented by such a revision or application, the County <br /> may also impose new mitigation fees upon such revision or application as required under CEQA. <br /> 2.5.6. Regional, State or Federal Fees. Nothing in this Section 2.5. shall limit <br /> the Developer's obligation to pay, or the County's right and authority to collect, development, <br /> impact and mitigation fees imposed by federal or state agencies pursuant to State and/or Federal <br /> Laws in connection with an application for a Development Permit. <br /> -25- <br />