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(vi) Utility User Tax received from the Project, <br />(d) Reporting for items listed in subsection 5.1.2(c) shall be include a table, <br />prepared by the Owner with City's cooperation, substantially similar to the following: <br />Reporting Period: 2022 - 2nd Report <br />Year 3 of 10 of Agreement <br />Revenue <br />Total for Period <br />Cumulative to <br />Percentage <br />Status & Look Ahead <br />date <br />increase over <br />2018 Base <br />Year <br />Property Tax <br />Property <br />Tax In - <br />Lieu of <br />VLF <br />Sales Tax <br />TOT (HVT) <br />Business <br />Tax <br />Franchise <br />Tax <br />UUT <br />5.2. Special Review. The City Council may order a special review of compliance with this <br />Agreement at any time, but not more than once during any 12 month period. The City Manager, <br />or his or her designee, shall conduct such special reviews. <br />5.3. Review Procedure. <br />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 this <br />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 Commission 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 />-18- <br />55394.00053\31891805.16 <br />