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12 1.82. “TDM” means the City’s Transportation Demand Management program, as described in Section 3.27 of this Agreement. 1.83. “Term” shall have that meaning set forth in Section 2.1 of this Agreement. 1.84. “Vertical Improvements” means the construction of buildings, structures (including foundations), landscaping, lighting, streets, sidewalks, curb and gutter, parking areas, stormwater bioretention treatment areas, and other improvements to be constructed or installed on or in connection with the development of the Project. 1.85. “Vested Elements” shall have that meaning set forth in Section 4.4(e) of this Agreement. 1.86. “Vesting Tentative Tract Map” shall have that meaning set forth in Recital G of this Agreement. ARTICLE II EFFECTIVE DATE AND TERM 2.1. Term of the Agreement. The term (“Term”) of this Development Agreement shall commence upon the Effective Date and continue in full force and effect for a period of ten (10) years, unless earlier terminated or extended as provided in this Agreement. The Term has been established by the Parties as a reasonable estimate of the time required to develop the Project and obtain the benefits of the Project. 2.2. Extension of Term. The Term may be extended by up to five (5) years upon Developer’s written request and City Manager’s approval in his or her reasonable discretion (the “Extension”), provided (i) this Development Agreement has not been terminated before the initial Term expires, (ii) Developer is in compliance with the terms and conditions of this Development Agreement, the DDA (including all items required by the DDA Schedule of Performance to be complete at such time), and the DDA Implementation Agreements, at the time of the Extension, (iii) Developer has Substantially Completed the construction of all of the attached and detached for sale units in the Single Family Element (including the affordable housing component), (iv) Developer has Substantially Completed the construction of the Multifamily Element, and (v) Developer provides City with written notice of Developer’s request for the Extension at least one hundred eighty (180) days prior to the date the initial Term expires. 2.3. Extension of Term Due to Litigation. In the event that litigation is filed by a third party (defined to exclude City and Developer, their respective successors and assigns, or any assignee or transferee of Developer) which seeks to invalidate this Agreement or any of the Project Approvals or Subsequent Approvals, the term of this Agreement shall be extended for a period equal to the length of time from the time a summons and complaint and/or petition are served on the defendant(s)/respondent(s) until the resolution of the matter is final and not subject to appeal; provided, however, that the total amount of time for which the term shall be extended as a result of any and all litigation shall not exceed three (3) years.