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65865 L this Agreement,;and the gr provisions„qf Section 9 ;1310 4 of the Development Aeement f Regulattons 3 + _ 4 _ x a r x 4 ,s h f 'r a 5 1�4� M 1, r n 4 5 Rferralrt zll � an#hnCd te� gt lireRM er� d �t - h a: s':''f •s< �.7' ''Suv'a' ” - ...2.X1.5 r ! h f kr3 s ::re'fet'�y revte�Zo.�l?e conclt�o�� ' ��,c �r"•�. ff � ��[f -incl #de a starent o theory' .1Yrla z '1Rhp 7 re , ; .+ t a v. X.r .1.dY l•S./i a....z seh ferral tktelammng�ornnir ransltali� dct a hteed`pub �c hbartng tie -„ ! x s �r rx4 is J F3 rs.+• res Yt^ Y�zk �xvk�° gavcfaith cumphanceby the Develorprtts��tss c � gf'ee1u`ac �c �� e f pC©dons of thiseCtasS4 and�ectiQn 13 Y�#cif"fheeefbpptuezt1geenlat�` � 4 5 Apneais to:Boacd of StzpervsQrs,The Developer may,file an appeal o€ais determination ofnon compliance hereunder to the Board:of Suprvtsttrs witlhn teen{l0)days after such determnofinationon=compliance;is made If an appeal is tsrte[y made, tleouard of Supervisors-shall'schedule a public heacYng:tereon'not earlier Mian thirty(30)daysaller the Develolier;ftles its notice of appeal but as sflon thereafter as the:Board:of Supervisors can reasonably schedule such hearing At such'heattng;the Developer shall be entrtledto submit evidence and address ail;the issues raised'm the notice of non-compliance or::on appeal The , Developer's evidence shall be in wriiing and may be supplemented orally at.the hearing b'e#pre . the Board of Supervisors. The Developer's written evidence shaltbe submitted not e'ssthan twenty(20)business days prior to the scheduled hearing on the-appeal- If, after receipt of the written response of the Developer,and after considering all of the evidence at such-public . hearing, the Board of Supervisors finds and determines on the basis of substantial evidence that the Developer has not complied in good faith with the terms and conditions of this Agreement, then the Board of Supervisors shall specify to the Developer the respects in which the Developer has failed to comply,'and shall also specify a reasonable time for the Developer to meet the terms of compliance, which time shall be not less than thirty(30) days and shall be reasonably related to the time necessary,to bring the Developer's performance into good faith compliance with the terms of this Agreement. If the areas of non-compliance specified by the Board of Supervisors are not cured.within such reasonable time limits herein prescribed, then the Board of Supervisors may by noticed hearing as provided in Section 1310.4 of the Development Agreement Regulations terminate or modify this Agreement or take such other actions as may be specified 4 f the Development Agreement Regulations. A notice of determination in Section 1310. o gr g i p hereunder of non-compliance by Developer shall specify in detail the grounds therefore and all facts demonstrating such non-compliance, so that the Developer may address the issues raised in the notice of non-compliance on a point-by-point basis on any appeal taken to the Board of Supervisors. 4 4.7. Miscellaneous Requirements in Connection With Annual Review. The Community Development Director's determination shall be made within sixty(60) days after the submission by the Developer of the material required under Section 4.2. hereof, and, if the 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 W02-SF:FVM51481145.2 -41-