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i period, or in the event of an appeal,pending the conclusion of the action on appeal If the vandatian action is succossfu[ly cgnctuded; the Effecti've;Dte s1ia11 be as deteimtned ptir`suant to Suil kil on 1`:5 1 A of#�tis{Section`� 1 k 1 S 2 Tenn F 6 A r lv(3tWithstandin artte g. �# ��avi�slpn+DP.tliits Agreznttae" r h f v Term of this`Agreement,hail commence on`the Effectrv :Datand shaT e�cfiend for tweny�#ive r 7. (25) years thereafter unless sobr#er terrpihat ed or extended asereinaftex provided e CO"unity Development Director rs authors"zed to=arid, ii on�wi�t#en^re nes of�evelaper,shall perttiit reasonable extensions of the Term not to exceed five (�)dears each and not t0'.0 xcee 5 t fifteen 15 i - ( } years 'rri the aggregate for aT1 such exterisious, rf the Community Deveioprnent Director determines, withres ect to each.five 5 p ( } year extenston, that(1} Developer is not en default under this Agreement;(2)Developer is participating rn F�nanc ng`Meehaausms t.- applicable to.the Property`#o provide regional or local inftastriicture and Exac#torts:incoiiriectio ` with the developmentof'the Community and is not`in default dr delinquent in its"l lrgatt'ons thereunder, and'(3)with respect to last five (5) year extension only; tkiat itiapged parcels. comprising not less than 25%of the total acreage the Property leave been committed to urban development through the process of issuance of building permits or the dedication of lands for urban infrastructure and public use. The Community Development Director may refer the question of an extension of this Agreement to the Board of Supervisors, and Developer may appeal any denial or refusal of the Community Development Director to grant any such extension to the Board of Supervisors. The Board of Supervisors shall be governed by the same standards in considering an extension as are above set for the Community Development Director. An extension of the Term of this Agreement pursuant to the foregoing provisions shall not be deemed an amendment of this Agreement and may be evidenced by a letter from the Community Development Director or minute order or resolution of the Board of Supervisors. j 1.5.2.B. If any litigation(other than the validation action referred to in Section 1.5.1.B.) affecting the Property is filed prior to or after the Effective Date challenging any of the Existing Approvals or this Agreement(including but not limited to any environmental determinations relating to any of the foregoing), or otherwise raising issues of the validity of the Existing Approvals or the validity and binding nature of this Agreement, the Term of this Agreement shall be extended for the period of time such litigation is pending, and upon the conclusion of such litigation by dismissal or final entry of judgment, the Developer and County shall indicate on this Agreement the period of any such extension and may record a notice to such effect; provided, however, that if such litigation results in a final determination of invalidity of any of such actions, the County may terminate this Agreement. 1.5.2.C. The Term has been established by the parties as a reasonable estimate of the time required to implement the necessary requirements of the Existing Approvals and obtain the public benefits of the Existing Approvals. County finds that a term of such duration is reasonably necessary to assure County of the realization of the public benefits from the Property, particularly, but not limited to development of the public facilities and major infrastructure elements for the Property and the Community as set forth in the Existing Approvals. In establishing and agreeing to such Term, County has determined that the Existing W02-SF:FPD\61481145.2 -17-