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r. <br /> J <br /> 3 5 10 County and Developer acknowledge and agree;that t 6 Master <br /> Acqutsltton and Retmbursetxttentil we tt�ent oontatns �mportattt king d other a regime t <br /> (financing, fee creelits, reirrtnrsetnents,revenuends;Eet '�e. ©ae tle> <br /> - v d 5.,-.� t !._ a !�' k°-r�'Et'a 7},�1+!'�<'G2N •a.0 <br /> 1GIHC D County and Dgvel9,per g� a that all,�titure Cc un1� a s A< n e ants gA' <br /> "{ Y" - f j F 1 t L '�f �( S S Y$k-T:S �_Mj <br /> l �2��V <br /> the l�x :sttng Approvals shaltts��t b Ytcpns�step witi �e abl� �mehtpt <br /> { .�z-WA <br /> A&' -ittori and:.Remb 's a't „ x <br /> cq is u : zn n Aeettten� d anynbsesgi#4 �� c�0`ed 'reecg11 <br /> and Re`nrtbursement Agreement The Fart'Ees'further agree£that any subsequent! ounty AP prdvI <br /> or ameadnieit to the Corirrtunity Aprovals:shall lad consistent wtti tleICSD' obltgattons, <br /> to Developer. County expressly;aga ees tltat any such approval reference above shall nat A h <br /> adversely affect Developer's nghts and the econotntc benefitsrodedixn the Master Acuisxttaln r <br /> and Reimbursement Agreement and any subsequently executed_'Proeet Acauisit>Qn and <br /> Reirnbursetrment Agreement The provisions of this Section 3 5 10 are'subjeet to the County7s. <br /> reserved discretion and aiithority'under Section 2.5 of this Agreement: <br /> 3.5.11. Subject to the provisions of applicable law; County and Developer agree <br /> that when, and to the extent, Developer is entitled to any form of reimbursement by developers <br /> other than Developer in connection with Developer's financing.and installation of infrastructure <br /> pursuant to any Acquisition and Reimbursement Agreementbetween Developer and.the <br /> MHCSD, County will cooperate with Developer and the MHCSD by conditioning land use <br /> approvals and entitlements for such developers upon appropriate reimbursement to Developer <br /> through the MHCSD consistent with the Master Acquisition and Reimbursement Agreement and <br /> any subsequently executed Project Acquisition and Reimbursement Agreement. County further <br /> agrees not to adopt any changes in the Cost Reimbursement Ordinance adopted as of August 10, <br /> 1999,or the Public Land Equity Program Ordinance, adopted as of October 28, 1997, that would <br /> operate to delay the timing or reduce the amount of any reimbursement due the Developer_ <br /> 3.5.12. County and Developer acknowledge that the MHCSD has adopted the <br /> Mountain House Transportation Improvement Fee (MHTM). The MHTIF requires developers <br /> within the Community to respectively fund their fair share of certain transportation <br /> improvements as specifically designated in the MHT1F Technical Report (Technical Report) <br /> dated March 19, 2000. <br /> 3.5.12.A.1. County acknowledges that MHTIF establishes the funding <br /> obligations for transportation improvements of Community Developers within the Community. <br /> Community Developers will be responsible to fund, and may, but are not obligated to, construct <br /> the designated transportation improvements within the Mountain House Planning Area(MHPA) <br /> as defined in the Technical Report and select Regional Roadways as defined in the Technical <br /> Report. Community Developers will also be responsible for funding, and may, but are not <br /> obligated to, construct "Other Jurisdiction's” proportionate share of improvements to select <br /> Regional Roadways in San Joaquin County as defined by the Technical Report. If those certain <br /> transportation improvements that the Community Developer is responsible for are triggered for <br /> construction as a result of a Community Approval before the MHCSD has collected enough <br /> money to construct the needed transportation improvement, then the Community Developers <br /> shall be responsible to fund the shortfall, subject to reimbursement and credits as provided for in <br /> the MHTIF, resolutions, and Technical Report. <br /> W02-SF:FPM6148t 145.2 -34- <br />