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6.2. Special Review. The City Council may order a special review of compliance with this <br />Agreement at any time commencing one year following the issuance of the Project's first building <br />permit, but not more than once during any 12-month period. The City Manager, or his or her <br />designee, shall conduct such special reviews. <br />6.3. Review Procedure. <br />6.3.1. During either an Annual 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 />6.3.2. Upon completion of an Annual Review or a special review, the City Manager, <br />or the City Manager's designee, shall submit a receive and file report to the Planning <br />Commission if he or she finds that Owner is in good -faith compliance with the terms of this <br />Agreement. If the City Manager, or the City Manager's designee, finds on the basis of <br />reasonable evidence that Owner is not in good -faith compliance with the terms of this <br />Agreement, he or she shall set the matter for hearing before the Planning Commission and shall <br />submit a report setting forth said evidence concerning compliance by Owner with the terms of <br />this Agreement and his or her recommended finding on that issue. <br />6.3.3. If the Planning Commission finds on the basis of substantial evidence that <br />Owner is in good -faith compliance with the terms of this Agreement, it shall confirm same and <br />formally conclude the review by resolution. If the Planning Commission finds and determines on <br />the basis of substantial evidence that Owner has not complied in good faith with the terms and <br />conditions of this 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 cure <br />such problem within sixty (60) days after of 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 Planning Commission may recommend to the City Council <br />modification or termination of this Agreement. <br />(c) Owner may appeal a Planning Commission determination pursuant to <br />this Section 6.3.3 pursuant to City's rules for consideration of appeals in zoning matters then in <br />effect. If a Planning Commission determination is appealed, any cure ordered by the Planning <br />Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice <br />of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or <br />concurrent with proceedings under Section 6.4 and Section 6.5. <br />6A. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, <br />City determines to proceed with modification or termination of this Agreement, City shall give <br />Exhibit 4 Ordinance No NS-3071 <br />