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