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3.5i 14 County and Developer acknowledge and agree that the Master Acquisitionand Reimbursement Agr�e�nent;contais �rnpot fnc�ngdxother agreements (Financing, fee credits, retrrbent�nts�,xeveitaedds;e1o �e `xdloi"erkd W N[HC D' County and Dvelnp �r agt' e thatlluttr ,Caot� c �;c " e#tdnt 'the$xsting A{provas shall r[st heeotasistet yuitahe c�bixlerett , x ' y s w y l7,y„h 2 TF -.Tv TF i1 i '.�+'e�"' Acquxsltiori and Reir1}bluemeril Areementar�d any subsequeuc�u�teroetAegstt� and Reimbursement Agreement: The PartEeS further agree that any subsequent bounty Ap�rual,y or amendment to the CQmmun�ty,gip rovals_shall.ae eonsistept;'with the MI3CSIl obliatvon ; to Developei. County expressly agrees that;any such approvai r'e p rice above shall not: adversely affect Developer's n'ghts and t€�e.econa�ntc die efitsa pro r,�di, :44 t ie Master Acqu�sttron andRe inbur es went Agreement.,and any subsequently executed_P"o1e t Acquisition and; ' Reimbursement Agreement The provisions of this Section 3.541Q are subject to the Cauitty.'s reserved discretion and authority'under Section 2.5 of this Agreement: 3.5.11. Subject to the provisions of applicable law; County and Developer agree that when, and to the extent, Developer is entitled to any form of reimbursement by developers other than Developer in connection with Developer's financing and installation of infrastructure. pursuant to any Acquisition and Reimbursement Agreement between Developer and the MHCSD, County will cooperate with Developer and the MHCSD by conditioning land use approvals and entitlements for such developers upon appropriate reimbursement to Developer through the MHCSD consistent with the Master Acquisitionand Reimbursement Agreement and any subsequently executed Project Acquisition and Reimbursement Agreement. County further agrees not to adopt any changes in the Cost Reimbursement Ordinance adopted as of August 10, 1999,or the Public Land Equity Program Ordinance, adopted as of October 28, 1997, that would operate to delay the timing or reduce the amount of any reimbursement due the Developer. 3.5.12. County and Developer acknowledge that the MHCSD has adopted the Mountain House Transportation Improvement Fee (MHTIF). The MHTIF requires developers within the Community to respectively fund their fair share of certain transportation improvements as specifically designated in the MHT[F Technical Report(Technical Report) dated March 19, 2000. 3.5.12.A.L County acknowledges that MHTUF establishes the funding obligations for transportation improvements of Community Developers within the Community. Community Developers will be responsible to fund, and may, but are not obligated to, construct the designated transportation improvements within the Mountain House Planning Area(MHPA) as defined in the Technical Report and select Regional Roadways as defined in the Technical Report_ Community Developers will also be responsible for funding, and may, but are not obligated to, construct "Other Jurisdiction's" proportionate share of improvements to select Regional Roadways in San Joaquin County as defined by the Technical Report. If those certain transportation improvements that the Community Developer is responsible for are triggered for construction as a result of a Community Approval before the MHCSD has collected enough money to construct the needed transportation improvement, then the Community Developers shall be responsible to fund the shortfall, subject to reimbursement and credits as provided for in the MHTIF, resolutions, and Technical Report- WO 2-SF:F P D\61481 eport_W02-SF:FPD161481 1451 -34-