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"Effective Date" of this Agreement as defined in this Section, Developer retains and reserves the right to separately approve and accept such changes or to withdraw from this Agreement, in Developer's sole discretion, without liability or consequence. After the Enacting Ordinance takes effect pursuant to Government Code Section 25123 or otherwise according to its terms, and not later than ten(10) days thereafter, the County, by and through its Board of Supervisors, shall execute this Agreement, and thereafter the Clerk of the Board of Supervisors shall cause this Agreement to be recorded in the Official Records of the County of San Joaquin, State of California. The cost of recording this Agreement shall be borne by Developer. 1.4.1.B. At Developer's written request filed with County not later than fifteen(15) days after the Effective Date, County shall timely file an action to seek validation of this Agreement pursuant to the provisions of Section 53511 of the Government Code and Section 860 et seq. of the Code of Civil Procedure,provided that Developer shall assure,to the satisfaction of County, that Developer will pay all costs and expenses of County in connection with such validation action. County may,but shall not be required to, designate counsel selected by Developer to prosecute said validation action on behalf of County. In the event that a validation action is filed pursuant to this subsection 1.4.1.B.,the Effective Date shall be suspended pending a final judgment in said validation action and the expiration of any appeal period, or in the event of an appeal,pending the conclusion of the action on appeal. If the validation action is successfully concluded,the Effective Date shall be as determined pursuant to subsection 1 A.I.A. of this Section 1.4. 1.4.2. Term. 1.4.2.A. Notwithstanding any other provision of this Agreement, the Term of this Agreement shall commence on the Effective Date and shall extend for twenty-five (25)years thereafter unless sooner terminated or extended as hereinafter provided. The Community Development Director is authorized to and, upon written request of Developer, shall permit reasonable extensions of the Term not to exceed five (5)years each, and not to exceed fifteen(15)years in the aggregate for all such extensions, if the Community Development Director determines,with respect to each five (5) year extension,that Developer is not in default under this Agreement. 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. 1.4.2.B. If any litigation(other than the validation action referred to in Section 1.4.1.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 -13-