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severally, in attemptmg'fa comply with or enforce or benef t from the provisions of this Agreement shall act only thragh Developefi' - s t +I 4.4- I1�lTENTIONALLY y r f � r [E� f i r Y S. 1 1 r 1.5. Effective Date :Term 1.5.1. Effective Date: 1.5.1.A. Subject to.the provisions of&ctions 1 5 t-8 and 1.5.2.13_, this Agreement shall be dated and,the olil gahons ofthe parties hereunder sh dib effective (the "Effective Date") as of the effecttve:date of the Enacting Ordinance. Developer acknowledges and agrees that the effective date of theOr iinancc is subject to'certain of the other Existing Approvals adopted contemporaneously with the Enacting Ordinance also becoming effective. The Developer also acknowledges that the Enacting Ordinance.and certain of the other legislative actions constituting the Existing Approvals are subject to referendum and k that the timely filing of a valid referendum petition may delay or prevent the Enacting Ordinance from becoming effective. In the event that any of the Existing Approvals or Existing Ordinances, as defined in Sections 1.1.20 and 1.1.21, above, are terminated, amended or otherwise materially changed during the interval between the initial approval of this Agreement by the Developer and the "Effective Date" of this Agreement as defined in this Section, Developer retains and reserves the right to separately approve and accept such changes or to withdraw from this Agreement, in Developer's sole discretion, without liability or consequence. After the Enacting Ordinance takes effect pursuant to Government Code Section 25123 or otherwise according to its terms, and not later than ten(10) days thereafter, the County, by and through its Board of Supervisors, shall execute this Agreement, and thereafter the Clerk of the Board of Supervisors shall cause this Agreement to be recorded in the Official Records of the County of San Joaquin, State of California. The cost of recording this Agreement shall be borne by Developer. i 1.5.1.8. At Developer's written request filed with County not later than fifteen (15)days after the Effective Date, County shall timely file an action to seek validation of this Agreement pursuant to the provisions of Section 53511 of the Government Code and Section 860 et sect. of the Code of Civil Procedure, provided that Developer shall assure, to the satisfaction of County, that Developer will pay all costs and expenses of County in connection with such validation action. County may, but shall not be required to, designate counsel selected by Developer to prosecute said validation action on behalf of County. In the event that a validation action is filed pursuant to this subsection 1.5.l.B., the Effective Date shall be { suspended pending a final judgment in said validation action and the expiration of any appeal i y W02-SF:FPD\614$1145.2 -16-