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1-5`4 iD ;Deveioper acknowledges that�if changes Are made 16th <br /> F <br /> landuses m the Community Approv�Is, the Coulity,ma '>lepir neve rai�sp�ortattQr mitigation <br /> 35veXape ak <br /> ow es-", relieves ^ <br /> the Aeveloper of'the responsibrlit�for c�opyt �vsrrenel7 , iat�r Pansor <br /> appttcable Specific Plans: ; <br /> =`3.6 'ancin ,Mcclianrsms; or C`ortaiz�«Iin ravetnents <br /> E <br /> 3.6.1 Developer shall have the nghtto retuest bounty and/or the 1VIHCSD, upon ' <br /> Developer's posting a deposit or othersecurity satsfactoiy to Cgunt : or payment°of County's <br /> costs in connection therewith, to initiate and conclude appropriate proceedings:for:the <br /> establishment of Financing Mechanisms under applicable Laws andr-dvnances to:pay for the <br /> costs.'and expenses associated with the construction and provisi''on of:the Exactions,applicable:to <br /> the develo meat of the Pro ert pevelo er ma also r ues 'that Count and/or the MHCSD <br /> p p Y <br /> p _ Y .. �1.. y , <br /> consider the utilization of any,other financing method then aVailib.le:finder Ordrnances or.Laws, <br /> provided that such alternative methods do not impose any additional unreiinbursed.expense upon <br /> County. Upon Developer's request to initiate proceedings, County and/or the MHCSD shall <br /> initiate proceedings under applicable Ordinances and Laws, it being understood and agreed, <br /> however, that County and/or the MHCSD must follow applicable legal procedure with respect <br /> thereto and reserve its legislative discretion in determining spread of assessments, allocation of <br /> benefit and other matters and in deciding whether to approve the formation of any such <br /> Financing Mechanism. Developer shall cooperate with the County and/or the MHCSD in the <br /> establishment of any such Financing Mechanism and waives its rights to protest such <br /> establishment if it is in accord with the Existing Approvals and the standards, terms and <br /> conditions of this Agreement. Developer does reserve, however, its rights to protest during any <br /> such proceedings the allocation of benefit and spread of assessments. Developer also reserves the <br /> right to withdraw its request under this Section 3.6., provided County and/or the MHCSD is fully <br /> reimbursed for its costs and expenses hereunder. If a Permitted Assignment is made after <br /> proceedings to establish a Financing Mechanism have been initiated, the Person or Persons then <br /> holding title to the Property or any interest therein shall continue to cooperate with the <br /> establishment of the Financing Mechanism. Developer acknowledges and understands that the <br /> failure to establish any such Financing Mechanism or Developer's failure to participate therein <br /> may preclude development of the Property until a Financing Mechanism is established by the <br /> County or the MHCSD and Developer participates therein. Nothing in this Agreement shall <br /> preclude County and/or the MHCSD from acting pursuant to its powers and applicable Law or <br /> precludes County from cooperating with the MHCSD to establish Financing Mechanisms that <br /> may include all or a portion of the Property as well as other property within the Community. <br /> Nothing in this Agreement shall authorize County and County agrees not to adopt or impose any <br /> special tax or property related tax or assessment upon Developer's undeveloped lands unless such <br /> tax or assessment is adopted and imposed in strict compliance with Articles X1IIA, XIIIC and <br /> Xl1fD of the California Constitution. <br /> 3.6.2. In connection with bonds or other financings proposed to be undertaken by <br /> County or the MHCSD or pursuant to a Financing Mechanism, Developer understands and <br /> w0e-sr:rPo%61491145.2 -36- <br />