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Financing Mecharusin does notrovi.d-far sdch matters shall adopt b subsequent Ardrnance; y � - detailein d procedures`fvr retbutsement ar offseigditssthe eta {{,fi, rexg<t ;e general. � - requtretnents of tie Cost'Rtmulsemef�t Broome dev4 I� 19�t. upott 1k tiattonaf J + �avdt with fundi �l plvvrdedy JlecAloec t r � ! ,w: 1 s� i . a1 k Fj r x ,; ��'-4i, a�s wary !i 'b x 3 7 2 the went'that faavWtng,tle >cvtst� ��ct� e # cC, er �� in cture:and uthtl<es Dheelo a Coatr rem e over ! c ; ertltsY Qthc fraStru . Y pA Fr � � s r �1 Canimuruty yin such a way;as preventseveiopr tom riving laerrtt � a�te Aff u reimtrsetrterts under estbhshel Financing 1Vfecha �ms ire, oe1th.aent Program from popenes which would otherwise have benefited frtn the afoi�en�ent€ozed Hoer sized infirastructure.:and uriL>lttes;.County shalt reimburse Developer >!n an`Farttount whreh t commensurate with the atnoun#s:Developer would have received:Hae the County not reduced the overall acreage or.densit}+oftle Cominuntty:Such reimhursement by County maybe pard to ; Developer,over time, in tile.approximate arriounts.that Developer woixld have lfeen re>m ursed from Benefited properties as they would reasonably have:Been expected to develop over time or.. as otherwise required under the applicable Financing Mechanism or,tl e.Cost Reunbursement: Program. This subsection shall not apply if be'veiopei concurs with reduction in overall acreage or density. 3.8. Schools Miti ation_ 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%6148[145.2 -38-