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Financing Mechanism does not provide for such matters, shah adaptlby subsequer3t orctance <br /> detatled:proce lures far reltm -s ment or offset xi 'c edt ti�fthe I o to er eet n the g r Cal <br /> E + - Y� S�3 R 5 Y - '� :'r 1k T4"°� y } d p ; �r <br /> �3 r 4 Y - r'S 4 �N x' 'ts�' <br /> requirements atf the dost R�tm�drse etit Pio `p,de relc p fid. W. <br /> s urlt <br /> uo tuttahovf Dveiope with fundirtgt�r � 1+� tet�¢an' + h � <br /> kkiY 'Y "''#'t"`T. <br /> Pro <br /> uted by 3�,evet�per <br /> s v tF 1 <br /> x <br /> N. <br /> 2 w fti le event that fc�lt�wtng,rberotgi <br /> . ` <br /> 7 t <br /> e sir <br /> # u t <br /> infrastructure:and utiltttesfiy DeW. 6per,Count rTe ce h to the <br /> y - Fi,'t t 9 r - hec e`' i�x4 <br /> Comrrtimty tri such a way as prevents Developer frim leetvtttg iat �nc�tpted <br /> reunbursemerts under esta6ltshel Finarict Iec 'KVttrsement Progrram <br /> �1�i}y, p } <br /> k j + ng` F the-Cost111i <br /> from properties Which would otherwise have Benefited.tr�tn the aforetnenttorie neer sized <br /> 3+ <br /> infrastiucture:and utilities: County shall retrnbur'se JNeveloper to gn,amount which <br /> commensurate wtth'the atiiounts`peveloper vciould have recetvedlidthe Corttty not reduced the <br /> overall-acreage or density of the Community:Sucb reimbursement by County.may be paid to <br /> Developer;over time,�in the.approximate amounts'that Developer would have been reimbursed <br /> from benefited properties as they.would reasonably'have been expected to develop over tirrte or: <br /> as otherwise required under the applicable Financing Mechanis or the Cost Rettnt unset-ent <br /> Program. This subsection shall not apply if Developer concurs with reduction to overall acreage <br /> or density. <br /> 3.8. Schools Miti ag tion_ To the extent not prohibited by law, and consistent with the <br /> provisions of the Master Plan requiring full mitigation for school impacts, County shall ensure <br /> that future landowners and developers within Mountain House are required to fully mitigate <br /> school facilities impacts in strict compliance with the School Facilities Act, as amended in 1998, <br /> and as further amended from time to time. <br /> 3.9 Participation in SJMSCP. The Parties acknowledge that pursuant to the Master Plan, <br /> Developer may provide mitigation for identified endangered species impacts on the Project <br /> through implementation of the Mountain House Habitat Management Plan. In the alternative, the <br /> Master Plan provides that Developer may participate in a regional habitat conservation plan. The <br /> Parties recognize and agree that the San Joaquin County Multi-Species Habitat Conservation and <br /> Open Space Plan (SJMSCP) has been prepared as an alternative means of mitigating county- <br /> wide impacts to special status, threatened and endangered species. Therefore, Developer may, in <br /> lieu of implementation of the Mountain House Habitat Management Plan, participate in the <br /> SJMSCP for so long as the SJMSCP remains in effect, and whether or not County has elected to <br /> participate in the SJMSCP on a county-wide basis. In the event the SJMSCP is invalidated by <br /> any court of competent jurisdiction, Developer shall implement the Mountain House Habitat <br /> Management Plan, and all fees collected by County in connection with Developer's participation <br /> in the SJMSCP shall be applied to implementation of the Mountain House Habitat Management <br /> Plan. <br /> SECTION 4. PERIODIC REVIEW OF COMPLIANCE. <br /> 4.1. Annual Review. The County and Developer shall annually review this <br /> Agreement, and all actions taken pursuant to the terms of this Agreement with respect <br /> w0e-SF-HOW491145.2 -38- <br />