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period, or in the event of anappeal, pending the conclusion of the action on appeal If the <br /> validation action is successfully concluded, the Effeetvve`Data shall b`a as determined pursuant to <br /> -- - f <br /> subset#sort F:5 1.A.,­ot(t%s Seclibn i 5: <br /> 15:2 Tett <br /> 1 <br /> it 5 2 A '"lotvtthsta4.ndrtng°attyitSrrflstan of this A <br /> Term bf this Agre rrtent shall commence ort the 1 ffec#ive Da# artd s a l eWri, for�8n y P <br /> (ZS) years thereafter unless sooner,termtna#ed or extended asiytnaftex provided sTl►e <br /> Comrd unity bevelopxnent l tree#or is authorized to and,a pon wET ion:request c�f�evel4�er, shah <br /> permit reasonable,extensions of the Term not to exceed live()':years;each, and not to sexed <br /> lifteer (15)years in the aggregate:for such exteistons; tf the Commuittty'Deveoprtent <br /> Director determtrtes, with respect to each Ave(5) year extens#ot, #hat{I) Developer is not m <br /> default under this Agreement, (2) Developer is parttctpat ng to Ftnaiictng Mechanisms tt cit <br /> applicable to.the Property to provide regional or local Irifrastnecture and Exac#ions to cocutectcort <br /> with the development of the'Community and is not in default ordeliiiquent- n its ob11 <br /> thereunder, and (3}with respect to Iasi five (5) year.extensiori only, that mapped parcels <br /> comprising not less than 25%of the total acreage the Property havc been committed-to urban <br /> development through the process of issuance of building permits or the dedication of lands for <br /> urban infrastructure and public use. The Community Development Director may refer the <br /> question of an extension of this Agreement to the Board of Supervisors, and Developer may <br /> appeal any denial or refusal of the Community Development Director to grant any such <br /> extension to the Board of Supervisors. The Board of Supervisors shall be governed by the same <br /> standards in considering an extension as are above set for the Community Development Director. <br /> An extension of the Term of this Agreement pursuant to the foregoing provisions shall not be <br /> deemed an amendment of this Agreement and may be evidenced by a letter from the Community <br /> Development Director or minute order or resolution of the Board of Supervisors. <br /> 1.5.2.13. If any litigation(other than the validation action referred to in <br /> Section 1.5.1.B.) affecting the Property is filed prior to or after the Effective Date challenging <br /> any of the Existing Approvals or this Agreement (including but not limited to any environmental <br /> determinations relating to any of the foregoing), or otherwise raising issues of the validity of the <br /> Existing Approvals or the validity and binding nature of this Agreement, the Term of this <br /> Agreement shall be extended for the period of time such litigation is pending, and upon the <br /> conclusion of such litigation by dismissal or final entry of judgment, the Developer and County <br /> shall indicate on this Agreement the period of any such extension and may record a notice to <br /> such effect; provided, however, that if such litigation results in a final determination of invalidity <br /> of any of such actions, the County may terminate this Agreement. <br /> 1.5.2.C. The Term has been established by the parties as a reasonable <br /> estimate of the time required to implement the necessary requirements of the Existing Approvals <br /> and obtain the public benefits of the Existing Approvals. County finds that a term of such <br /> duration is reasonably necessary to assure County of the realization of the public benefits from <br /> the Property, particularly, but not limited to development of the public facilities and major <br /> infrastructure elements for the Property and the Community as set forth in the Existing <br /> Approvals. In establishing and agreeing to such Terni, County has determined that the Existing <br /> W02-SF FP DIG l 4 S 1 l 45.2 -17- <br />