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Developitient Director makes a,deterti ttiationror eferm ereunder The issuance f a certificate ` of corn ho fh dt l n lty D veto iit int DJreptor for the Plaiu mg Goirtmisston on x - p a } cotttri�tubBoar�l,of Stiperutc3rs o-ft he, suaneei 8a S,' ' mpa�ns: cels r +' 102, .�iY a certidrate Of coiipltance o x Ylks11� s ia ' i .' aa'Y de��iiialo'n n to matt d iii o= � � i � ,s t1 ritial�tctt etclxtly pAii� � $ir�eW z .. 7 . 1' � 4 1� k.R�� 9 x� �.}` 7+�t 3j �. C - � Fy k t �,�: y 2 5 ¢'.k � x� - •a r: ,'.s{ §; „t � MG ,_s Atirival i evie All q t r �e t` �o Co d y dor tki -aftff o y ct Y reviewcond�cted ttrsuant to tfus�ectiot�T�# s�t��,� ��`la`orite b�`�y the Devels� �� Wi t��d �� s "', days ofDeveloper's subrriissionunder':Sectiaita4 2 hereof, the CommutiityDevelome#it F Directe}r shall provide the'De�eloper with anvstim'ate ofsuclr co sts, which may include costsyo£ -, County staff and adrtnntstrattve time and ditect oat-of pocketrusts and a ponses including cost's of consultants and non County gersoiuiel Due to D°eveioper's fttrading.c�#mrttmerit, the Community Development Director"shail provide be`velop.er with a proposed>'scope of services, rate schedule, and,budget for services.to be'd'ed by c©nsultants and not;Cout ty,personrie Developer may question and comment on the proposals aid rriay request the,-Coinn�unit}r Development Director to seele.competitive:proposals for`certaii services to_assure cost efficiency;provided, however, that the Community Development Director shall dectde.tite- 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. Cn 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 specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty(30) day period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. W02-SF'FPD161481 145.2 -42-