A. Annual Review.
1. Every development agreement approved and executed in compliance with this Chapter, shall be subject to City review, as specified in the development agreement, during the full term of the agreement, but in no case less than every 12 months from the date of execution of the agreement.
2. The time for review may be amended either by agreement between the parties or by initiation of the Council.
B. Purpose of Annual Review.
1. The purpose of the annual reviews shall be for the applicant, developer/contracting party, or its successor(s)-in-interest to demonstrate good faith compliance with the conditions and terms of the development agreement.
2. The burden of proof shall be on the applicant, developer/contracting party, or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City.
C. Notice of Annual Review.
1. The Director shall initiate the review proceeding by giving a 30-day written notice to the applicant, developer/contracting party, or successor(s)-in-interest that the City intends to undertake an annual review of the development agreement.
2. The Director shall give the notice in compliance with Subsection 10.118.030 D. (Notice and hearings), above.
D. Review by the Council. Review shall be conducted by the Council.
1. The Council shall conduct a hearing at which the applicant, developer/contracting party, or its successor(s)-in-interest shall demonstrate good faith compliance with the conditions and terms of the development agreement.
2. The burden of proof of this issue is on the applicant, developer/contracting party, or its successor(s)- in-interest.
E. Findings upon Hearing. The Council shall determine, upon the basis of substantial evidence, whether or not the applicant, developer/contracting party, or its successor(s)-in-interest has, for the period under review, complied in good faith with the conditions and terms of the development agreement.
F. Procedure upon Findings.
1. Has Complied. If the Council finds and determines, on the basis of substantial evidence, that the applicant, developer/contracting, party or its successor(s)-in-interest has complied in good faith with the conditions and terms of the development agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be sent to the applicant, developer/contracting party, or its successor(s)-in-interest.
2. Has not Complied. If the Council finds and determines, on the basis of substantial evidence, that the applicant, developer/contracting party, or its successor(s)-in-interest has not complied in good faith with the conditions and terms of the development agreement during the period under review, the Council may initiate modification or termination of the development agreement in compliance with Subsection G., below.
G. Modification or Termination of Development Agreement.
1. Proceedings upon Modification or Termination
If, upon a finding under Subsection F. (Procedure Upon Findings), above, the Council determines to proceed with modification or termination of the development agreement, the City shall provide public notice in compliance with Chapter 10.116 (Public Notices and Hearings) of its intention to do so. The notice shall contain all of the following:
a. The date, time, and place of the hearing, which shall be conducted by the Council;
b. A statement as to whether or not the City proposes to modify or terminate the development agreement; and
c. Other information that the City considers necessary to inform the applicant, developer/contracting party, its successor(s)-in-interest, and the general public of the nature of the proceedings.
2. Hearing on Modification or Termination of Development Agreement.
a. At the date, time, and place set for the hearing on modification or termination, the applicant, developer/contracting party, its successor(s)-in-interest, and the general public shall be given an opportunity to be heard.
b. At the hearing, the Council may modify or terminate the development agreement, may continue the hearing for further consideration, and may impose conditions to the action it takes as it considers reasonable and necessary to protect the interests of the City.
c. The decision of the Council on the modification or termination shall be final. (Ord. 935 § 3 (part), 2015)