A. Periodic Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director 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 contracting party, in compliance with § 17.590.015 (Application Filing, Processing and Review) above.
B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.
C. Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the Director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.
The procedures for the termination or modification hearing shall comply with § 17.590.020 (Public Hearings) above.
(Ord. No. 2005-007 § 1 (part))