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others �vho may invest the development of the Property Develpper intends to form an <br /> assessment district.covering its properly for tate piios+v of f nai7� g ttic construction, <br /> F <br /> installation and maintenance of infrast�cturc'i��roueixie�t's Subject to all the terms of thus 1 <br /> Agreement(including, but not imttd to, tetx � ;ocriin � s`ier}ts�tid transfers of <br /> Developer'sterest7�ereunder}kDvela` eisFafo � ateel,,sbdivtdandel Paprty <br /> subject Eo witft;aitassgftinent of pe ��PP3t��} e ,tlAgreeertoxotlt fit ect; , <br /> to the>xerms of Section l 6 of this,Agretent, ere�rtrna lot �te[turc o#4 ireetanize t <br /> owne'r'ship tterests as the planning, fuanot[n1elopnrit€ f�he"lrvpe # Ys iti►detfaken <br /> Recital P 1]eveloper anal County desire to provtd the pat ameters witltin which the <br /> obligations of Developer for'public aril otHer impr`ovetlieints wil`1 be int, and--o t#terwto; <br /> provide the criteria-for the planning and developineitt ofthe Property in order to obtain the <br /> foregoing benefits.. <br /> Recital. The Parties acknowledge that peveloper-cannot laccurately:predict the time <br /> schedule within which the Property will bedeveloped,Qr the order iii which•.particular phases or <br /> other portions of the.Property will.be'deveioped,and that the rate, timing, order, and sequencing <br /> of the development of the Propertywill depend on numerous circumstances.beyond Developer's <br /> control, including, without limitation, market trends, demand, the condition of capital markets, <br /> interest rates, availability of financing and other economic and non-economic factors. <br /> s <br /> Recital R. This Agreement is voluntarily entered into by Developer in order to implement <br /> the Existing Approvals and in consideration of the rights conferred and the procedures specified <br /> herein for the development of the Property. This Agreement is voluntarily entered into by <br /> County in the exercise of its legislative discretion in order to implement the Existing Approvals <br /> and in consideration of the agreements and undertakings of Developer hereunder. County and <br /> Developer recognize and agree that but for Developer's contribution to and participation in <br /> programs to mitigate the impacts of the development of the Property and the cumulative impacts <br /> of the development of the Community, County would not approve the development of the <br /> Property as contemplated by this Agreement_ County's approval of the development of the <br /> Property as contemplated hereunder is in reliance upon and in consideration of Developer's <br /> agreements to make contributions, assume obligations, and be subject to the restrictions referred <br /> to in this Agreement to mitigate the impacts of the development of the Property and the <br /> cumulative impacts of the development of the Community. <br /> Recital S. For these reasons, County has determined that this Agreement is appropriate in <br /> order to achieve the goals and objectives of the County's land use planning policies and to <br /> provide appropriate assurances to Developer regarding its ability to proceed with necessary <br /> subsequent actions leading to the development of the Property. This will in turn eliminate <br /> uncertainty in planning for and secure orderly development of the Property, assure progressive <br /> installation of necessary improvements and provision for public services appropriate to each <br /> stage of development of the Property, insure attainment of the maximum effective utilization of <br /> resources within the County at the least economic cost to its citizens, and otherwise achieve the <br /> goals and purposes for which the Development Agreement Regulations were enacted by County. <br /> In exchange for these benefits to the County, Developer desires to receive the assurance that it <br /> may proceed with necessary subsequent actions leading to the development of the Property in <br /> W02-SF:FM61481145-2 -S- <br />