Laserfiche WebLink
5.3.1. During either a periodic review or a special review, Owner shall be required to <br />demonstrate good -faith compliance with the terms of this Agreement. The burden of proof on <br />this issue shall be on Owner. <br />5.3.2. Upon completion of a periodic review or a special review, the City Manager, or <br />the City Manager's designee, shall submit a report to the Planning Commission setting forth the <br />evidence concerning good -faith compliance by Owner with the terms of this Agreement and his <br />or her recommended finding on that issue. <br />5.3.3. If the Planning Cotrunission finds and determines on the basis of substantial <br />evidence that Owner has complied in good faith with the terms and conditions of this Agreement, <br />the review shall be concluded. <br />5.3.4. If the Planning Commission finds and determines on the basis of substantial <br />evidence that Owner has not complied in good faith with the terms and conditions of this <br />Agreement: <br />(a) The Planning Commission shall provide written notice to Owner of such <br />findings setting forth the nature of the problem and the actions, if any, required of Owner to cure <br />such problem. <br />(b) If the problem can be cured and Owner fails to take such actions and <br />cure such problem within sixty (60) days after the effective date of the Planning Commission's <br />notice or, in the event that such problem cannot be cured within such sixty (60) day period but <br />can be cured within a longer time, has failed to commence the actions necessary to cure such <br />problem within such sixty (60) day period and to diligently proceed to complete such actions and <br />cure such problem, then the Commission may recommend to the City Council modification or <br />termination of this Agreement. <br />(c) Owner may appeal a Planning Commission determination pursuant to <br />this Section 5.3.4 pursuant to City's rules for consideration of appeals in zoning matters then in <br />effect. Notice of default as provided under Section 6.3 of this Agreement shall be given to <br />Owner prior to or concurrent with proceedhtgs under Section 5.4 and Section 5.5. <br />5.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 5.3, <br />City determines to proceed with modification or termination of this Agreement, City shall give <br />written notice to Owner of its intention so to do. The notice shall be given at least ten (10) <br />calendar days prior to the scheduled hearing and shall contain: <br />5.4.1. The time and place of the hearing; <br />5.4.2. A statement as to whether or not City proposes to terminate or to modify this <br />Agreement; and, <br />5.4.3. Such other inforniation that the City considers necessary to inform Owner of the <br />nature of the proceeding. <br />5.5. Hearing on Modification or Termination. At the time and place set for the hearing on <br />modification or termination, Owner shall be given an opportunity to be heard. Owner shall be <br />required to demonstrate good -faith compliance with the terms and conditions of this Agreement. <br />The burden of proof on this issue shall be on Owner. If the City Council finds, based upon <br />_19_ <br />11 B-32 <br />