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30 <br /> <br />Agreement. If Developer has demonstrated good faith compliance, then the Community <br />Development Director shall make such a finding and send a letter back to Developer describing <br />the Community Development Director’s finding and any comments. <br />5.4. Community Development Director Noncompliance Finding. If the Community <br />Development Director, acting in good faith, finds and determines that there is substantial <br />evidence that Developer has not complied in good faith with the material terms and conditions of <br />this Development Agreement and that Developer is in material breach of this Development <br />Agreement for the year under review, the Community Development Director shall issue and <br />deliver to Developer a written “Notice of Default” specifying in detail the nature of the failures <br />in performance that the Community Development Director claims constitutes material <br />noncompliance, all facts demonstrating substantial evidence of material noncompliance, and the <br />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 applicable cure periods referred to in Sections 5.5 and 7.1 herein. <br />5.5. Cure Period. If the Community Development Director finds that Developer is not <br />in compliance, the Community Development Director shall grant a reasonable period of time for <br />Developer to cure the alleged noncompliance. The Community Development Director shall <br />grant a cure period of at least ninety (90) days and shall extend the ninety (90) day period if <br />Developer is proceeding in good faith to cure the noncompliance and additional time is <br />reasonably needed. At the conclusion of the cure period, the Community Development Director <br />shall either (i) find that Developer is in compliance; or (ii) find that Developer is not in <br />compliance. <br />5.6. Referral of Noncompliance to City Council. The Community Development <br />Director shall refer the alleged default to the City Council if Developer fails to cure the alleged <br />noncompliance to the Community Development Director’s reasonable satisfaction during the <br />prescribed cure period and any extensions thereto. The Community Development Director shall <br />refer the alleged noncompliance to the City Council if Developer requests a hearing before the <br />City Council. The Community Development Director shall prepare a staff report to the City <br />Council which shall include, in addition to Developer’s letter, (i) demonstration of City’s good <br />faith compliance with the terms and conditions of this Development Agreement; (ii) the Notice <br />of Default; and (iii) a description of any cure undertaken by Developer during the cure period. <br />5.7. Delivery of Documents. At least five (5) business days prior to any City hearing <br />regarding Developer’s compliance with this Development Agreement, City shall deliver to <br />Developer all staff reports and all other relevant documents pertaining to the hearing and <br />Developer’s alleged noncompliance with this Development Agreement. <br />5.8. City Council Compliance Finding. If the City Council, following a noticed public <br />hearing pursuant to Section 5.6, determines that Developer is in compliance with the material <br />terms and conditions of this Development Agreement, the Annual Review shall be deemed <br />concluded. City shall, at Developer’s request, issue and have recorded a Certificate of <br />Compliance indicating Developer’s compliance with the terms of this Development Agreement.