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consideration and review by the City Council at a duly noticed and conducted public hearing. The noticed party shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate this Agreement as to the noticed party, City shall give written notice of termination of this Agreement to the noticed party by certified mail and this Agreement shall thereby be terminated, insofar as it applied to the noticed party, 60 days thereafter; provided, however, that if the noticed party files an action to challenge City's termination within such 60-day period, then this Agreement shall remain in full force and effect until a trial court has affirmed City's termination of this Agreement insofar as it applied to the noticed party and all appeals have been exhausted (or the time for requesting any and all appellate review has expired). Section 10.03. Periodic Review. (a) Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every 12 months following the execution of this Agreement, City may, and upon request of SPA or a Developer shall, review the extent of good-faith compliance with the terms of this Agreement. This review (the "Periodic Review") shall be conducted by the Director of Community Development or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to Section 65865.1 of the Development Agreement Statute. (b) Notice. At leastl O days prior to the Periodic Review, and in the manner prescribed in Article 10 of this Agreement, City shall deposit in the mail to SPA and the Developers a copy of any staff reports and documents to be used or relied upon in conducting the review of their compliance and, to the extent practical, related exhibits concerning their performance hereunder. SPA and the Developers shall be permitted an opportunity to respond to City's evaluation of their performance, either orally at a public hearing or in a written statement, at their election. Such response shall be made to the Director of Community Development. (c) Good Faith Compliance. During the Periodic Review, the Director of Community Development shall review SPA and the Developer's good-faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the Director of Community Development shall make written findings and determinations, on the basis of substantial evidence, as to whether or not SPA and the Developers have complied in good faith with the terms and conditions of this Agreement. The decision of the Director of Community Development shall be appealable to the City Council. If the Director of Community Development finds and determines that SPA or a Developer has not complied with such terms and conditions, the Director of Community Development may recommend to the City Council that it terminate or modify this Agreement as to SPA or that Developer by giving 26