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3 5:12 D Developer acknowdges thatr�f changes are rrtade to the adopted <br /> land uses m the Catrirnunity Approvals;°tle Coutt}�may require new trunspYorfitign rriitigation <br /> r <br /> � eVe <br /> the Developer 4fthe resporissbtitty for coxp�yi,gr +aMim <br /> thee �et1 laer P �5r; <br /> appgtt;able Speci le fans <br /> T <br /> 3.6 Fidaticn llriechanisnis for C'etttatn 1m rflveixrents° ' <br /> 3.6.1. Developer shall have fib:6ght,to request Couoty`and/or the 1VIHCSD upon. <br /> Developer's posting a deposit or other security satisfactory to County for payr�ent�of County's <br /> costs in connection therewith, to-initiate and conclude appropriate proceedings for the <br /> establishment of Financing Mechanisms under applicable'Law's and Ordinances to-pay for the <br /> costs'and expenses associated with the construction and provision of the Exactions-applicable:to <br /> the development of the Property. Developer may also tequest that County and/or the MHG D <br /> consider the utilization of any other financing method then available under Ordinances or Laws, <br /> provided that'such alternative methods do not impose anyadditional unreimbursed 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 fizlly <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 XIIIA, XIIIC and <br /> XIIID 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 /> W02-S F:FPD161481 145.2 -36- <br />