A. Subject to Periodic Review. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review, as specified in the agreement, by the director during the full term of the agreement. Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with subsection 16.54.050(A) (Application), above.
B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor(s) 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 applicant/contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the director shall notify the commission who may recommend to the council that it order, after a noticed public hearing in compliance with Chapter 16.76 (Public Hearings), the agreement to be terminated or modified.
(Ord. 182 § 2 (part), 1997)