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Financing LVlecha t does not provide for s xch matters, shal t adopt;by subsequent- rdidartce <br /> detap.dd rocedures_for retr�ciburscmertt or off e sd j ' > ; <br /> P r F is tle Deelopr eetrng lieetteral <br /> y ' Lj y l yi <br /> requtrernents ofe ids#Re�rtemont Rrb atevopd d s c aunty <br /> t �., rd �.wx ,,�; �, xr�i""' ' <br /> upon� ttattonfli?JSvelope�wit fuctng for dol ! a1-4 <br /> �t �" <br /> y'Cfir.J v q4r $a- r�� <br /> pro�rotvd by J& .4 por <br /> 5 5R755. <br /> 7 r <br /> h F <br /> f W.4 <br /> crag. <br /> t� Yrr1 <br /> the went that iollwn �tevttocr I­ <br /> 17-14d, cwr -y��' ie <br /> infi hucture and ut.'mes- <br /> h". b Dev s� _ F "��s `" �` r' <br /> y eloper, ountrrecoftedlete� r' s� Qte ` <br /> Commumty in such a way s preven#s;l evclopei framer eikyin g later, tItrc a etl <br /> reunbt rsements under 64,4 <br /> is. 1., .. latustnN for the Cost eit ifa �r irient Prograt} , <br /> from rope les which would otlxerwise have'benef ted lrtii'li"! 6:al`orementionoder sized <br /> ittfrastritcture and ulilitres; County shall reirriburse Developer tn`an� mounthirch is <br /> commensurate with:tiZe.amounts Developer would have received lidtlie County nat reduced tie <br /> overallacreage or density of the Comriiuruty Such`reimbursement by County maybe paid to <br /> Developer,.over time, in the.approximate amounts that Developer would have been re�rnbursecl <br /> from benefited properties as they would.reasonablyhave-been-�expected to develop:aver time or. <br /> as otherwise required under the applicable Financing Mechanism or,the Cost Reitiibursenient <br /> Program. This subsection shall not apply if Developer concurs with reduction m overall acreage <br /> or density. <br /> 3.8. Schools Mitigation. 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 /> WO?-SF:EPD161481 145.2 —38— <br />