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f <br /> i <br /> 3.5.12.A.2. County further acknowledges that funding "Other <br /> Jurisdiction's" financial responsibilities for select Regional Roadways, as identified in the <br /> MHTIF Technical Report, shall offset against the Community Developer's responsibility to fund <br /> other transportation improvements in Other Jurisdictions as well as other transportation <br /> improvements in the County as specifically detailed in the Technical Report. The mitigation <br /> offset described in the Technical Report implements the mitigation offset program described in <br /> the Community Approvals. Developer acknowledges that County is responsible for <br /> implementation of the mitigation offset program as detailed in the Technical Report. Developer <br /> further acknowledges that County may amend the mitigation offset program,provided that the <br /> fair share obligations as set forth in the Technical Report and Community Approvals are <br /> f maintained. <br /> t <br /> 3.5.12.A.3. The County acknowledges that when the dwelling unit trigger <br /> point is reached for the Grant Line Road traffic improvement described in Master Plan Table 9-2 <br /> (segment from the County line to 1-580 Interchange),the Community Developer(s) shall fund <br /> this transportation improvement to the extent that the component of the MHCSD's reserved <br /> account for the Other Jurisdiction Fee is insufficient to fund the Grant Line traffic improvement. <br /> The funding Community Developer shall be entitled to fee credits against the Other Jurisdiction <br /> Fee, and/or lump-sum reimbursements from any benefiting Developer(s)pursuant to <br /> oversizing/reimbursement agreements with the MHCSD, to be payable by the benefiting <br /> Developer(s). <br /> 0 3.5.12.A.4. Future County transportation improvements,not yet addressed <br /> in the Community Approvals,may be added to the TIMF. The Community Developer shall be <br /> required to pay their fair share if subsequent traffic studies determine that the Community is <br /> R contributing to the need for improvements on the yet to be addressed County transportation <br /> improvements. In addition,the fain share obligation for certain miscellaneous County roadways <br /> that may not yet have been established. These miscellaneous County roadways may be added to <br /> .Ft the TIMF provided that the Community's fair share obligation is determined prior to the <br /> inclusion in the TIMF and provided that the Community is required to fund only its fair share <br /> obligation for these transportation improvements. <br /> 3.5.12.B. The County agrees that the Community and/or Community <br /> Developers shall not be subject to any moratorium or other restriction on development permits <br /> kt because designated transportation improvements are not started or completed prior to a trigger <br /> point, specifically identified in the Master Plan and/or applicable Specific Plan,being reached, <br /> including those defined as Regional Roadways within the MHPA, transportation improvements <br /> within "Other Jurisdictions," or other undefined transportation improvements not covered in the <br /> Community Approvals,provided that Community Developer has complied with funding <br /> requirements as, outlined in the MHTIF, TIMF, and Regional Transportation Impact Fee(RTIF). <br /> 3.5.12.C. The County and the Developer acknowledge that, in addition to <br /> the MHTIF and the County TIMF, the Developer must comply with the RTIF as adopted on <br /> January 7, 2006, in resolution R-06-38. Developer acknowledges that nothing in this section <br /> relieves the Developer of the responsibility to fully comply with the RTIF. <br /> W02-SF ETM61481145.2 -35- <br /> R <br />