SU0006201 - Laserfiche WebLink

Home Browse Search

4.2.3.G. The status of specific obligations of Developer that were completed since the last review and, as to those obligations required to have been completed but still pending, the reasons why they were not completed and actions of the Developer to complete them. 4.2.4. The MHCSD,pursuant to agreement with Developer, may provide on behalf of Developer all or any portion of the letter and report required by this Section 4.2. Such letter shall be accompanied by such documents and other information, including reports and documentation required under any environmental monitoring program, as may be reasonably necessary and available to the Developer to enable the Community Development Director to undertake his annual review of the Developer's good faith compliance with the terms of this Agreement, and shall also state that such letter is submitted to the County pursuant to the requirements of Government Code Section 65865.1, and Section 9-1310.4 of the Development Agreement Regulations. 4.3. Finding of Compliance. The Community Development Director shall review the Developer's submission to ascertain whether the Developer has complied in good faith with the terms of this Agreement. Upon request of the Community Development Director, the Developer shall furnish such additional documents or information as may be reasonably required and available to the Developer to enable the Community Development Director to make and complete his review hereunder. If the Community Development Director finds good faith compliance by the Developer with the terms of this Agreement, the Community Development Director shall issue a certificate of compliance certifying the Developer's good faith compliance with the terms of this Agreement as of the date of the applicable annual review. Such certificate of compliance shall be in recordable form and shall contain such information as may be necessary in order to impart constructive record notice of the finding of good faith compliance hereunder. The Developer shall have the right to record the certificate of compliance in the Official Records of the County of San Joaquin. At least ten (10) days prior to making his determination hereunder, the Community Development Director shall provide to the Developer copies of staff reports and other official information concerning Developer's compliance with the terms of this Agreement and the determination proposed by the Community Development Director. 4.4. Finding of Noncompliance. If the Community Development Director finds that the Developer has not complied in good faith with the terms of this Agreement or has failed to demonstrate such compliance to the satisfaction of the Community Development Director, the Community Development Director shall specify in writing to the Developer the respects in which the Community Development Director believes the Developer has failed to comply or has failed to demonstrate compliance. The Community Development Director 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 adequately bring the Developer's performance into good faith compliance with the terms of this Agreement. If the areas of non-compliance specified by the Community Development Director are not cured within such reasonable time limits prescribed by the Community Development Director, then this Agreement shall be subject to modification or cancellation pursuant to Government Code § W02-SF:FPD\61481145.2 -40-