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2.7.5. Subsequent CEQA Review. In the event that any additional CEQA <br /> documentation is legally required for any discretionary Subsequent Approval for the Project, <br /> then the scope of such documentation shall be focused,to the extent possible consistent with <br /> CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct <br /> such CEQA review as expeditiously as possible. <br /> 2.8. Developer's Right to Rebuild.Developer may renovate or rebuild the Project <br /> within the Term of this Agreement should it become necessary due to natural disaster, changes in <br /> seismic requirements, or should the buildings located within the Project become functionally <br /> outdated,within Developer's sole discretion, due to changes in technology. Any such renovation <br /> or rebuilding shall be subject to the Vested Elements, shall comply with the Project Approvals, <br /> the building regulations existing at the time of such rebuilding or reconstruction, and the <br /> requirements of CEQA. <br /> ARTICLE 3. <br /> ANNUAL REVIEW <br /> 3.1. Annual Review. The annual review required by California Government Code <br /> Section 65865.1 will be conducted for the purposes and in the manner stated in those laws as <br /> further provided herein. As part of that review, City and Developer shall have a reasonable <br /> opportunity to assert action(s)that either Party believes have not been undertaken in accordance <br /> with this Development Agreement,to explain the basis for such assertion, and to receive from <br /> the other Party a justification for the other Party's position with respect to such action(s), and to <br /> take such actions as permitted by law. The procedure set forth in this article shall be used by <br /> Developer and City in complying with the annual review requirement. The City and Developer <br /> agree that the annual review process will review compliance by Developer and City with the <br /> obligations under this Development Agreement but will not review compliance with other <br /> Project Approvals. <br /> 3.2. Intentionally omitted. <br /> 3.3. Commencement of Process; Developer Compliance Letter. <br /> At least fifteen (15) days prior to the anniversary of the Effective Date each year, <br /> Developer shall submit a letter to the Director of City's Community Development Department <br /> demonstrating Developer's good faith compliance with the material terms and conditions of this <br /> Development Agreement and shall include in the letter a statement that the letter is being <br /> submitted to City pursuant to the requirements of Government Code Section 65865.1. <br /> 3.4. Community Development Director Review. <br /> Within thirty(30) days after the receipt of Developer's letter,the Community <br /> Development Director shall, acting in good faith, review Developer's submission and determine <br /> whether Developer has, for the year under review, demonstrated good faith compliance with the <br /> material terms and conditions of this Development Agreement. If Developer has demonstrated <br /> good faith compliance,than the Community Development Director shall make such a finding <br /> and send a letter back to Developer describing the Community Development Director's finding <br /> and any comments. <br /> 15 <br />