NS-2979 - Laserfiche WebLink

Home Browse Search

Of proof on this issue shall be on OWNER, at OWNER's sole expense (b) Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planting Commission setting forth the evidence concerning good faith compliance by OWNER with the terns of this Agreement and his or her recommended fording on that issue. (c) If the Planning Commission 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, (d) If the Planning Conmmission finds and determines on the basis of substantial evidence that OWNER has not complied in good faith with the terns and conditions of this Agreement, the Commission shall provide written notice to OWNER of such findings setting forth the nature of the problem and the actions, if any, required by OWNER to cure such problem and, where the problem can be cured, OWNER has failed to take such actions and cure such problem within thirty (30) days after the effective date of such notice or, in the event that such problem cannot be cured within such thirty (30) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such thirty (30) day period and to diligently proceed to complete such actions and cure such problem. If OWNER fails to take the necessary actions, the Conunission may recommend to the City Council modification or termination of this Agreement. OWNER may appeal a Plamming Commission determination pursuant to this Section 6.3(d) pursuant to CITY's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 7.3 of this Agreement shall be given to OWNER prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4 Proceedines UnonModificationorTermination, If, upon a finding under Section 6.3, 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: (a) The time and place of the hearing (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement, and, (c) Such other information that the CITY considers necessary to inform OWNER of the nature of the proceeding. 6.5 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 substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final. 55394.000OZ31553187. 13 #21124v3 Ordinance NS-2979 Page 29 of 59