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Fi F1 period, or in the event of an appeal,pending the conclusion of the action on appeal. If the validation action is successfully concluded, the Effective Date shall be as determined pursuant to Fj subsection 1.5.1.A. of this Section 1.5. Ri 1.5.2. Term. 1 1.5.2.A. Notwithstanding any other provision of this Agreement, the Term of this Agreement shall commence on the Effective Date and shall extend for twenty-five (25) years thereafter unless sooner terminated or extended as hereinafter provided. The Community Development Director is authorized to and, upon written request of Developer, shall i" permit reasonable extensions of the Term not to exceed five (5) years each, and not to exceed J fifteen(15) years in the aggregate for all such extensions, if the Community Development Director determines, with respect to each five(5)year extension,that(1)Developer is not in default under this Agreement, (2)Developer is participating in Financing Mechanisms then 3 applicable to the Property to provide regional or local Infrastructure and Exactions in connection with the development of the Community and is not in default or delinquent in its obligations thereunder, and(3)with respect to last five (5) year extension only, that mapped parcels 1 comprising not less than 25%of the total acreage the Property have been committed to urban development through the process of issuance of building permits or the dedication of lands for urban infrastructure and public use. The Community P may Development Director refer the Y question of an extension of this Agreement to the Board of Supervisors, and Developer may appeal any denial or refusal of the Community Development Director to grant any such extension to the Board of Supervisors. The Board of Supervisors shall be governed by the same standards in considering an extension as are above set for the Community Development Director. An extension of the Term of this Agreement pursuant to the foregoing provisions shall not be Fj deemed an amendment of this Agreement and may be evidenced by a letter from the Community Development Director or minute order or resolution of the Board of Supervisors. 1.5.2.B. If any litigation(other than the validation action referred to in Section 1.5.1.B.) affecting the Property is filed prior to or after the Effective Date challenging any of the Existing Approvals or this Agreement(including but not limited to any environmental ! jdeterminations relating to any of the foregoing), or otherwise raising issues of the validity of the ! j Existing Approvals or the validity and binding nature of this Agreement,the Term of this FAgreement shall be extended for the period of time such litigation is pending, and upon the conclusion of such litigation by dismissal or final entry of judgment,the Developer and County shall indicate on this Agreement the period of any such extension and may record a notice to such effect; provided,however,that if such litigation results in a final determination of invalidity F1of any of such actions,the County may terminate this Agreement. 1.5.2.C. The Term has been established by the parties as a reasonable estimate of the time required to implement the necessary requirements of the Existing Approvals and obtain the public benefits of the Existing Approvals. County finds that a term of such duration is reasonably necessary to assure County of the realization of the public benefits.from the Property, particularly, but not limited to development of the public facilities and major infrastructure elements for the Property and the Community as set forth in the Existing RApprovals. In establishing and agreeing to such Term, County has determined that the Existing W42-SF_FPD\61481145.2 -17-