(A) During any period of time in which a reimbursement agreement is active, the city shall review the development at any and all times that the city deems necessary to ensure compliance with the agreement. The city shall notify the developer in writing of its findings if in the discretion of the City Manager or City Engineer, a breach of the agreement has occurred, the developer must be required to demonstrate good faith compliance with the terms of the development agreement.
(B) If, as a result of a review, the city finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the city shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(C) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the reimbursement; provided, the notice of termination or modification may be appealed to the Board of Adjustment in the manner provided by G.S. § 160A-388(b).
(Ord. 07-06-02, passed 6-12-07)