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Development Agreement Regulations,as may be,Necessary torcptnply with such state o`r=federal laws or regulations:orithey regulatidb&4' such otl��r gyve ntett# [fur% �d1091 K. z 7 f s w i jo �+^ t4uiiv„yrea a.t x 4e actions of re tonal'��yd al;a exxc o Y u „ ixq' �`,f or actions of:the�Catxt�yene � e �dJ� i by actions of federal or sxpte'agenc�o iaa�rr IN �'tY�"yimplementatiep �4 � � 1�� 3 �,t r jr bX+ County shale not in any tnanne be t0lle For'aitysuc perttti;} ea =�rj4tdttcia actions include, but are not limited to, flood'plattctrvexlai}d ,csrgnttocl aettg `the Coutztiy or regtonal`and local agencies as a result theea �attje isittQn r� att;yillity�or tr Y. ansportation.measures or sarictiotts and actions of the Cbuntrgor�al and local agencies a result thereof. Asa cotdtttoit to being able.to proceed°withrdeveloprterit, the "]D I' 'r maybe o required, at its cost and:without cost.to,or obligation on the part:,o the County, to`participate,iii`__ , . such regional or local'pr adopted pursuant:fo appkcabteaw and to be subject t©;such development restrictions asmay be necessary or appropriate by reason of Stich actions of federal or state agencies (or such actions of regional and local`agencies;including the County, required by federal or state agencies, or action of the Cour€y taken in:.ordor to prevent adverse impaets. upon the County by actions of federal or state agencies) Actions by the County.hereunder� shall not be arbitrary or capricious, and the County shall consider Developer's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement and the Existing Approvals in light of such actions of federal and state agencies. In the alternative, in the event that such new regulations make it infeasible for Developer to proceed with the development of the Property, Developer shall consult with County and shall consider, in good faith, County's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement in light of the circumstances. If a mutually acceptable resolution cannot be reached, Developer may elect to withdraw from and terminate its rights and obligations under this Agreement. 2.5.3. Notwithstanding anything herein to the contrary, all applications for Development Permits shall be subject to the development, impact, mitigation and processing fees which are lawfully enacted and in force and effect at the time the application therefore is filed, including, but not limited to, costs, charges, fees and other payments imposed by the MHCSD and any Financing Mechanism; provided, however, that such fees are applied to implement the Existing Approvals or Reserved Discretionary Approvals. Notwithstanding the foregoing, however, County and Developer have determined and agree that to the extent the Property has already been subjected to mitigation and/or the payment of fees to mitigate Project-related infrastructure impacts, future County-wide development impact fees to mitigate the same impacts shall not be imposed upon the Property. Nothing in this Section 2.5.3. shall be construed to modify or reduce Developer's obligations under the Mountain House Transportation Improvement Fee (MHTIF), the County's Transportation Impact Mitigation Fee (TIMF), or the Regional Traffic Impact Fee(RTIF). In addition, the Developer shall pay, at the time of application for or as a condition to issuance of building permits or other entitlements or certificates of occupancy, its pro rata portion of any fees established by the County not in conflict with the Public Financing Plan and this Agreement to monitor the carrying out of the w0e-SP:FPD161481 145.2 -28-