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Recital R. Because it is a federally regulated railroad corporation,the Developer believes it was not required to obtain any of the Existing Approvals and is not required to obtain any future land use approvals, including any Subsequent Discretionary Approval, from the County, any state agency, or other local public agency in connection with the Project and development of the Property. Section 10501(b) of the Interstate Commerce Commission Termination Act (ICCTA)of 1995 expressly preempts state and local law with respect to rail operations and related ancillary facilities, including intermodal yards. Therefore, Union Pacific believes that CEQA and state and local land use laws are preempted by federal law and do not apply to Developer's proposed project. Specifically, the Developer reserves the right to contend that the mitigation measures set forth in the Project EIR and the conditions of approval set forth in the Existing Approvals and in any Subsequent Discretionary Approval are preempted by federal law to the extent such measures impact railroad operations. The County has taken no position on the Developer's statement regarding the applicability of CEQA and local land use law to the Project and the development of the Property. The Developer nevertheless cooperated with the County, subject to a full reservation of rights, to obtain the Existing Approvals and to have the Project EIR prepared to inform the County, other agencies, and the public of the nature and elements of its Project. Further, the Developer is entering into this agreement, subject to a full reservation of rights, to provide greater certainty to the development of the Property. Any Subsequent Discretionary Approvals that may be sought by the Developer in connection with the Project or the development of the Property under this Agreement will also be subject to Developer's reservation of rights set forth herein. Recital S. Developer has represented to County that: (i) it is the owner or lessee of the Property, or, in the case of Assessor's Parcel Number("APN") 198-030-029 and a portion of APN 198-030-030, depicted in Exhibit A-1 hereto (the"SSJID Property"), that it has obtained the consent of the owner of the SSJID Property to the recording of this Agreement, (ii) it is a qualified applicant under the Development Agreement Regulations, and(iii) it is entitled to file the application for and enter into this Agreement. Recital T. After due review of and report on Developer's application for this Agreement by the Community Development Director and other County agencies and departments, and consideration of all other evidence heard and submitted at a duly noticed public hearing pursuant to the Development Agreement Regulations, the Planning Commission found and determined that this Agreement is consistent with County's General Plan and that this Development Agreement complies with all the provisions of the Development Title (Title 9 of the Ordinance Code of San Joaquin County). Recital U. Thereafter on , 2015,the County Board of Supervisors held a duly noticed public hearing on this Agreement pursuant to the requirements of the Development Agreement Regulations, found that this Agreement is consistent with County's General Plan and that this Development Agreement complies with all the provisions of the Development Title (Title 9 of the Ordinance Code of San Joaquin County), and introduced the Enacting Ordinance in order to enact this Agreement as its legislative act. Thereafter, on , 2015, the County Board of Supervisors adopted the Enacting Ordinance enacting this Agreement as its legislative act. -6-