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2 1:1- Su6ject to the special Cottdvttons the IeservedDzscrettoga Approvals and all othertet7tts and,cand�tois of tnis Ageemek,�oiiie1,# elive'��#tfe� �l�i�er' all have he t to develo t e Pro art xn kr T' , -6.6t, n fl ace rdan v� th�alrtd sphleot 0. � r condlttons o€tie�xist�ri�'Approvals e�ttress�y��it��ed�t�'��e�b�it��.5 �i�� r� , TT `. �,, �w- x xd Agreerrtent(the Vested Elerttents') Tie flee ree4n�Zesf ley ss .y 4 ar,� x W 3 q. .r,s,7 xi$ c.5t ' prgvtde fgr vanous::eondtttotts#o lie satisfied f'or 0 de a z ei f 2 1'1 A. The-:6x:ecution, by the D�reloer aid M S gholcieit State 3rtvestmenis II LP 1Vlaster Accluis>Itton and'Reimbu ement Agreement,;a dr 2A.1413. Thereafter to proceed toaccordance vvithf#lierouis>Ions of Section 2,3.2. hereof including but not'lim>Iteil to coudttzbhs relating to,lobsOh'viising balance,, affordable'housing, roads'and transportation-facilities, the'ded ca�>on az�d establishm ent of public. parks; open space and recreation areas,:andthe provisi6 of necessary infrastructure and ublvc; improvements facilities and services through Financing Mechanisms; 2.1.1.0 Throughout the term of this:Agreement,,the County will oomtor the development of the Community with respect to the policies, goals; standards atid:objectives of the Existing Approvals. Accordingly,any rights of the Developer under this Agreement are subject to such conditions and all other conditions of the Existing Approvals. 2.1.2. Subsequent Development Agreements covering the Property, in whole or in part, shall incorporate or contain provisions in substantial compliance with the provisions of this Section 2., except as otherwise approved by the County in its sole discretion. Subsequent Development Agreements covering portions of the Property shall be substantially consistent with each other to the extent deemed feasible by County in implementing and complying with the provisions of the Master Plan, Public Financing Plan and subject to the Special Conditions. Inasmuch as this Agreement may require Subsequent Development Agreements, and notwithstanding that the approval of such Subsequent Development Agreements is a legislative act, the Board of Supervisors shall not act in any arbitrary or capricious manner or in a manner in conflict with the provisions of this Agreement in considering the approval of any such Subsequent Development Agreements. 2.1.3. Developer agrees that the Property densities shall be governed and controlled by the Existing Approvals, subject to the terms of this Agreement, and expressly waives for the benefit of itself and its successors and assigns the benefits of and reliance upon any Law now existing or hereinafter enacted providing for density bonuses or other land use entitlements inconsistent with the Existing Approvals. 2.1.4. In the event of any conflict between the provisions of this Agreement and the other Existing Approvals, the provisions of this Agreement shall control. In the event of any conflict between the Existing Approvals, the latest of the Existing Approvals to be approved by the County shall control W02-SF+PD\61481 145.2 -25-