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i L SECTION 4. PERIODIC REVIEW OF COMPLIANCE. L 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 L to the Property. A more frequent review may be undertaken at the direction of the Planning Commission and the Board of Supervisors. Such annual or more frequent review shall be undertaken in accordance with the provisions of this Section 4 and may be combined with an annual or more frequent review of any Subsequent Development Agreement pertaining to the Property, in whole or in part, in which case references in this Section 4 to this Agreement shall also include such Subsequent Development Agreement;provided,however, that any other requirements of such Subsequent Development Agreement dealing with annual or more frequent review shall also be complied with. 6. 4.2. Developer's Submission. Each annual review, or more periodic review, of this Agreement shall be commenced in the following manner: L 4.2.1. Not less than thirty(30)days nor more than sixty(60)days following adoption by the MHCSD of its annual report; or L 4.2.2. If the MHCSD has not adopted its annual report during such period or succeeding period, then not less than thirty(30)days nor more than sixty(60)days prior to the Lfirst twelve(12)month anniversary date of this Agreement and each succeeding twelve month anniversary date in a calendar year in which the MHCSD has not adopted its annual report; L4.2.3 The Developer shall submit to the Community Development Director of County a letter, accompanied by a comprehensive report,setting forth, the Developer's good faith compliance with the terms and conditions of this Agreement. The report may refer to and L rely upon relevant information contained in the MHCSD annual report. The report shall include, in addition to other information submitted by Developer or requested by the Community Development Director, the following information relative to the development of the Property and ` Developer's obligations under this Agreement: 4.2.3.A. The total amount of and location of commercial and other non- residential space developed for private use, by categories of use; 4.2.3.B. If applicable, the total number of housing units developed, and L the number, type and location of such units including affordable housing units; 4.2.3.C. infrastructure installed,by category and location; 4.2.3.D. The status of participation by Developer and others in Financing Mechanisms for the Community; �' W02-SF:FPD\61481145.2 -39-