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(c) The Parties, through this Agreement, intend that, pending annexation, the <br /> Parties shall cooperate and consult in the exercise of the power, right and control over the <br /> administration, approval and implementation of land use controls affecting the COUNTY <br /> island which is held and exercised by the County before annexation. It is the intention of <br /> the Parties that any discretionary approval granted for a development in the COUNTY <br /> island during the period of consideration of the annexation will be honored by both CITY <br /> and COUNTY regardless of the entity which grants the discretionary development <br /> approval. <br /> <br />5. Fees and Exactions. <br /> <br /> Development and nexus fees and fire equipment exactions shall be retained by the <br /> entity having approval authority at the time of collection of such fees and exactions. <br /> <br />6. Affordable Housing Program Compliance. <br /> <br /> The project will comply with the County's affordable housing program in effect on <br /> <br /> January 1, 2003 as it applies to the property. <br /> <br />7. Remedies. <br /> <br /> In the event of a breach of this agreement, the non-breaching party shall have the <br />right to pursue against the breaching party, any and all remedies that are available at law or in <br />equity for breach of a contractual agreement. <br /> <br />8. Time. <br /> <br /> Time is of the essence of this Agreement. Failure to comply with any time <br />requirement of this Lease shall constitute a material breach of this Agreement. <br /> <br />9. Organization. <br /> <br /> The various headings and numbers herein, the grouping of provisions of this <br /> <br />Agreement into separate clauses and paragraphs, and the organization hereof, are for the <br />purpose of convenience only and shall not be considered otherwise. <br /> <br /> <br />