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Community Development Director refers the matter to the Planning Commission/then the determination by the Planning Commission shall be made within sixty(60)days after such referral subject to continuation of such matter by the Planning Commission for any reason. The — Developer shall be permitted an opportunity to be heard orally or in writing before the Community Development Director regarding such performance before the Community Development Director makes a determination or referral hereunder. The issuance of a certificate — of compliance by the Community Development Director(or the Planning Commission on referral),or the direction of or the confirmation by the Board of Supervisors of the issuance of a certificate of compliance on appeal, shall conclude the review for the applicable period, and such — determination shall be final and conclusive as of the date of the annual review but only as to matters and information expressly considered during such annual review. 4.8. Costs of Annual Review. All costs incurred by the County for the annual or other review conducted pursuant to this Section 4. shall be borne by the Developer. Within thirty(30) days of Developer's submission under Section 4.2. hereof, the Community Development _ Director shall provide the Developer with an estimate of such costs,which may include costs of County staff and administrative time and direct out-of-pocket costs and expenses including costs of consultants and non-County personnel. Due to Developer's funding commitment, the _ Community Development Director shall provide Developer with a proposed scope of services, rate schedule, and budget for services to be provided by consultants and non-County personnel. Developer may question and comment on the proposals and may request the Community _ Development Director to seek competitive proposals for certain services to assure cost efficiency, provided, however,that the Community Development Director shall decide the acceptability of proposals received with cost being a significant, but not the sole, factor. Within thirty(30) days after a final determination of compliance or non-compliance under the provisions of this Section 4, the Community Development Director shall provide the Developer with a final statement of the County's costs. The Developer shall promptly pay such costs as a condition to the issuance of a certificate of compliance or of otherwise proceeding under this Agreement. 4.9. Failure to Conduct Annual Review. Failure of the County to conduct an annual review shall not constitute a waiver by the County of its rights to otherwise enforce the provisions of this Agreement nor shall the Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. Failure of the Developer to make the submission for annual review under Section 4.2. shall not constitute a default by Developer under this Agreement unless such failure continues for a period of thirty(30) days after receipt by Developer of written request from County to make such submission. SECTION 5. DEFAULT,REMEDIES, TERMINATION. 5.1. General Provisions. 5.1.1. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by any Party to perform any obligation or comply with any material term or provision of the Existing Approvals or this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty(30)days notice in writing W02-SF:FPD\61481145.2 -42- -