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9.2 Developer's Submission. Not .less than thirty (30) <br />days nor more than sixty (60) days prior to March 1st of each <br />year, Developer shall submit a letter to the City Council <br />demonstrating Developer's good faith compliance with the terms <br />and conditions of this Agreement and shall include in such <br />letter a statement that such letter is being submitted to City <br />pursuant to the requirements of Government Code Section 65865.1. <br />9.3 Review. <br />9.3.1 City_ Review. Within thirty (30) days <br />after the receipt of Developer's evidence, the City Council <br />shall determine whether Developer has, for the year under <br />review, demonstrated good faith compliance with the terms and <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 faith <br />-11- <br />