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<br /> 16 <br /> <br /> <br />of the failures in performance that the Community Development Director claims constitutes <br />material noncompliance, all facts demonstrating substantial evidence of material noncompliance, <br />and the manner in which such noncompliance may be satisfactorily cured in accordance with the <br />Development Agreement. In the event that the material noncompliance is an Event of Default <br />pursuant to Article 5 herein, the Parties shall be entitled to their respective rights and obligations <br />under both Articles 3 and 5 herein, except that the particular entity allegedly in default shall be <br />accorded only one of the 60-day cure periods referred to in Sections 3.6 and 5.1 herein. <br />3.6. Cure Period. <br />If the Community Development Director finds that Developer is not in compliance, the <br />Community Development Director shall grant a reasonable period of time for Developer to cure <br />the alleged noncompliance. The Community Development Director shall grant a cure period of <br />at least sixty (60) days and shall extend the sixty (60) day period if Developer is proceeding in <br />good faith to cure the noncompliance and additional time is reasonably needed. At the <br />conclusion of the cure period, the Community Development Director shall either (i) find that <br />Developer is in compliance; or (ii) find that Developer is not in compliance. <br />3.7. Referral of Noncompliance to City Council. <br />The Community Development Director shall refer the alleged default to the City Council <br />if Developer fails to cure the alleged noncompliance to the Community Development Director’s <br />reasonable satisfaction during the prescribed cure period and any extensions thereto. The <br />Community Development Director shall refer the alleged noncompliance to the City Council if <br />Developer requests a hearing before the City Council. The Community Development Director <br />shall prepare a staff report to the City Council which shall include, in addition to Developer’s <br />letter, (i) demonstration of City’s good faith compliance with the terms and conditions of this <br />Development Agreement; (ii) the Notice of Default; and (iii) a description of any cure <br />undertaken by Developer during the cure period. <br />3.8. Delivery of Documents. <br />At least five (5) days prior to any City hearing regarding Developer’s compliance with <br />this Development Agreement, City shall deliver to Developer all staff reports and all other <br />relevant documents pertaining to the hearing and Developer’s alleged non-compliance with this <br />Agreement. <br />3.9. City Council Compliance Finding. <br />If the City Council, following a noticed public hearing pursuant to Section 3.7, <br />determines that Developer is in compliance with the material terms and conditions of this <br />Development Agreement, the annual review shall be deemed concluded. City shall, at <br />Developer’s request, issue and have recorded a Certificate of Compliance indicating Developer’s <br />compliance with the terms of this Development Agreement.