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Financing Mechanism does not provide for such matters, shall adopt by subsequent ordinance detailed procedures for reimbursement or offsetting credits to the Developer meeting the general requirements of the Cost Reimbursement Program to be developed and processed by County upon initiation of Developer with funding for program development and processing to be provided by Developer. 3.7.2. In the event that following the provision of or payment for over-sized infrastructure and utilities by Developer, County reduces the overall acreage or density of the Community in such a way as prevents Developer from receiving later anticipated reimbursements under established Financing Mechanisms or the Cost Reimbursement Program from properties which would otherwise have benefited from the aforementioned over-sized infrastructure and utilities, County shall reimburse Developer in an amount which is commensurate with the amounts Developer would have received had the County not reduced the overall acreage or density of the Community. Such reimbursement by County may be paid to Developer, over time, in the approximate amounts that Developer would have been reimbursed from benefited properties as they would reasonably have been expected to develop over time or as otherwise required under the applicable Financing Mechanism or the Cost Reimbursement Program. This subsection shall not apply if Developer concurs with reduction in overall acreage or density. 3.8. Schools Mitigation. To the extent not prohibited by law, and consistent with the provisions of the Master Plan requiring full mitigation for school impacts, County shall ensure that future landowners and developers within Mountain House are required to fully mitigate school facilities impacts in strict compliance with the School Facilities Act, as amended in 1998, and as further amended from time to time. 3.9 Participation in SJMSCP. The Parties acknowledge that pursuant to the Master Plan, Developer may provide mitigation for identified endangered species impacts on the Project through implementation of the Mountain House Habitat Management Plan. In the alternative, the Master Plan provides that Developer may participate in a regional habitat conservation plan. The Parties recognize and agree that the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP)has been prepared as an alternative means of mitigating county- wide impacts to special status, threatened and endangered species. Therefore, Developer may, in lieu of implementation of the Mountain House Habitat Management Plan, participate in the SJMSCP for so long as the SJMSCP remains in effect, and whether or not County has elected to participate in the SJMSCP on a county-wide basis. In the event the SJMSCP is invalidated by any court of competent jurisdiction, Developer shall implement the Mountain House Habitat Management Plan, and all fees collected by County in connection with Developer's participation in the SJMSCP shall be applied to implementation of the Mountain House Habitat Management Plan. SECTION 4. PERIODIC REVIEW OF COMPLIANCE. 4.1. Annual Review. The County and Developer shall annually review this Agreement, and all actions taken pursuant to the terms of this Agreement with respect W02-SF:FPD\61481145.2 -38-