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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 12 <br /> <br />conditions of this Agreement. If the City Council finds that <br />Developer has complied, the annual review shall be deemed <br />concluded. If the City Council finds and determines that <br />Developer has not complied in good faith with the terms and <br />conditions of this Agreement for the year under review, the <br />City Council may issue a written notice of noncompliance <br />("Notice of Noncompliance") specifying in detail the grounds <br />therefor and all facts demonstrating such noncompliance such <br />that Developer may address the issues raised in the Notice of <br />Noncompliance on a point-by-point basis. Developer shall have <br />thirty (30) days to respond in writing to the Notice of <br />Noncompliance. If, after receipt of the Developer's response <br />or the passage of the thirty (30) day response period, the City <br />Council, at a public hearing, finds and determines, on the <br />basis of substantial evidence, that the Developer and/or any <br />successor in interest thereto has not complied in good <br />faithwith terms or conditions of the Agreement or PUD, the City <br />Council may terminate, amend or modify the Agreement. <br /> <br /> 9.3.2 JudicialReview. Review shall be by the <br /> <br />Alameda County Superior Court and shall be based upon the <br />record, and the court shall limit its review to whether the <br />determination by the City Council was supported by substantial <br />evidence. <br /> <br /> 9.4 RemedieS. <br /> <br /> 9.4.1 Spegific Performance. Unless amended or <br />terminated by mutual consent of Developer and City, this <br /> <br /> <br />