Sec. 38-174. Periodic Review.
A.Every development agreement approved and executed in compliance with this section shall be subject to annual City review, during the full term of the agreement. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant in compliance with City Resolution.
B.The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
C.If, as a result of periodic review the City Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the City Council may order, after a noticed public hearing, that the agreement be terminated or modified. (Ord. 3424 § 1, 2009)