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r <br /> 4 2 3 G The status ofspectfi�iobligato s el©per that�yvere <br /> completed since the lastrev�ew ,=as to t :se cbllga� rr�i �t��tpa , ' eiltpied <br /> L r 5 + -i! '`� s# a �. <br /> s'ttli pending the ren r�rhyeY were'udt'�co�( td�asf the�IDove� tp ccltpete <br /> Y ): <br /> l 4 <br /> 4.2 e� D,pursnttito{age f�v� Aeyelo�pet, xttsyvide <br /> y a, a s s yew e s �'- <br /> behalf of Develo cr al'1 ar an ' orttoft of tl3e let#erd ctt frirec"b t�xs Sec + i `Such <br /> p . , 'pr n y gra <br /> letter shall be`accorcpanie by such da`cumerits and glittfbaon, inclu[ig reR©rts and <br /> doctunentatton requkred`under any environmental rotttter<ng prgam, as r�xay=be reasonabl3+' <br /> necessary and avatiable to.the Developer.to enable the Crnmuty Development°Director to <br /> undertake his annual review-of the Developer's good faith cotnphance with the terms of this <br /> Agreerrient,;and shall alsoestate khat such letter is shbttrttted t.0 the Cot my pursuant,to the': <br /> requirements of Govern ie' it Code Sectio&6 M5:'l, and'Section 9.43 0of the ..evelopment <br /> Agreement regulations. <br /> 4.3. Finding of COM-Plianee: The. Community Development:.Director shall review the <br /> Developer's submission to ascertain whether the:Developer has complied in good faith with the <br /> terms of this Agreement. Upon request of the Community Development.Director, the Developer <br /> shall furnish such additional documents or information as may be-reasonably required and <br /> available to the Developer to enable the Community Development Director to make and <br /> complete his review hereunder. If the Community Development Director finds good faith <br /> compliance by the Developer with the terms of this Agreement, the Community Development <br /> Director shall issue a certificate of compliance certifying the Developer's good faith compliance <br /> with the terms of this Agreement as of the date of the applicable annual review. Such certificate <br /> of compliance shall be in recordable form and shall contain such information as may be <br /> necessary in order to impart constructive record notice of the finding of good faith compliance <br /> hereunder. The Developer shall have the right to record the certificate of compliance in the <br /> Official Records of the County of San Joaquin. At least ten (10) days prior to malting his <br /> determination hereunder, the Community Development Director shall provide to the Developer <br /> copies of staff reports and other official information concerning Developer's compliance with the <br /> terms of this Agreement and the determination proposed by the Community Development <br /> Director. <br /> 4.4. Finding of Noncompliance. If the Community Development Director finds that <br /> the Developer has not complied in good faith with the terms of this Agreement or has failed to <br /> demonstrate such compliance to the satisfaction of the Community Development Director, the <br /> Community Development Director shall specify in writing to the Developer the respects in <br /> which the Community Development Director believes the Developer has failed to comply or has <br /> failed to demonstrate compliance. The Community Development Director shall also specify a <br /> reasonable time for the Developer to meet the terms of compliance, which time shall be not less <br /> than thirty(30) days, and shall be reasonably related to the time necessary to adequately bring <br /> the Developer's performance into good faith compliance with the terms of this Agreement. If the <br /> areas of non-compliance specified by the Community Development Director are not cured within <br /> such reasonable time limits prescribed by the Community Development Director, then this <br /> Agreement shall be subject to modification or cancellation pursuant to Goven"ent Code § <br /> W02-SF:FPD161481145.2 -40- <br />