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Development Agreement Regulations, as mayberal laws or regulations oc"'the' 111 f. of such otter gov }nmentl��t�rsc�tctl, n j2 ]�'�t� ��( r Lg`t �Lly��`£ � T'1e .lK�Yr� y- actions of re tan I ani 15a�aljago,q-_ W. , or actions of theOu[lt ti� nod � � �rL � � {n . by actions offederai'pr,_tate agen�ie��efth� �" env g� �� o � f� v im Iementatxon of the ester ' r de �lapkne �hp� � r,� � p o a County shall not in any t tanne be fable for au��suq i vbditi i;, ola �tOry c i Fac � actions include but are trot ltmtted to flood> ' p 44 uWe lapel ,d $t ttv sz asp s of� lae County or.regional and local agencies as a result thzeteof, stnd�tlte rntpiQsttop o air grxuldy�or transportation measures or sanctions_and actions ft he bounty or ttonal and lOW, gercctes as a result thereof. Asa condition to being able to prolopinent,`the De: eloprmayrli"e required, at its cost and without cost"to or qi igatiph on the part of tl e County, to-arttc pabq in such regional or locat prflgrarrts adopted pursuant to ap ltcable;law,and to l:e su.Ject to;,such development restrictions-as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, tricluding the County, required . by federal or state agencies, or action of the County taken in-order to.prevent adverse iMRPts. 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 (RT1F). 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 w02-SF:FPD%61481 145.2 -28-