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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 /> 6.4. 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 /> written notice to Owner of its intention so to do. The notice shall be given at least ten(10) <br /> calendar days prior to the scheduled hearing and shall contain: <br /> 6.4.1. The time and place of the hearing; <br /> 6.4.2. A statement as to whether or not City proposes to terminate or to modify this <br /> Agreement; and, <br /> 6.4.3. Such other information that the City considers necessary to inform Owner of the <br /> nature of the proceeding. <br /> 6.5. Hearing on Modification or Termination.At the time and place set for the hearing on <br /> modification or termination, Owner shall be given an opportunity to be heard. Owner shall be <br /> required to demonstrate good-faith compliance with the terms and conditions of this Agreement. <br /> The burden of proof on this issue shall be on Owner. If the City Council finds,based upon <br /> substantial evidence,that Owner has not complied in good faith with the terms or conditions of <br /> this Agreement,the City Council may terminate this Agreement or, in lieu of termination and <br /> with the consent of Owner,modify this Agreement and impose such conditions as are reasonably <br /> necessary to protect the interests of the City.The decision of the City Council shall be final, <br /> 6.6. Certificate of Agreement Compliance. <br /> 6.6.1. If,at the conclusion of a Periodic or Special Review, Owner is found to be in <br /> compliance with this Agreement, City shall,upon request by Owner, issue a Certificate of <br /> Agreement Compliance("Certificate")to Owner stating that after the most recent Periodic or <br /> Special Review and based upon the information known or made known to the City Manager and <br /> Ordinance No. NS-3087 <br /> Page 26 of 41 <br />