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6.2. Special Review.The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project's first building permit,but not more than once during any 12-month period.The City Manager, or his or her designee,shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual 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. 6.3.2. Upon completion of an Annual Review or a special review,the City Manager, or the City Manager's designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager's designee,finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement,he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution.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 of 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 Planning 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 6.3.3 pursuant to City's rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination.If,upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give -21-