(A) Development agreements shall be limited to a period of not to exceed a maximum of ten years from the effective date of the agreement unless the agreement provides for a different time period, in which case the agreement shall prevail. The city may specify in the agreement options to renew the term of the agreement.
(B) Development agreements shall be reviewed by the Planning Department at least once every 12 months at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement.
(C) The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.
(D) If the Planning Department review determines that the applicant, or successor in interest thereto are in good faith compliance with the terms of the agreement, no further review is required. If the Planning Department finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms of conditions of the agreement, the Planning Department may recommend, to the Planning Commission and City Council, that the agreement be modified or terminated.
(E) If the Planning Department recommends modification or termination of the agreement, a public hearing shall be scheduled before the Planning Commission. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in § 25.247. At such a hearing, the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the Planning Commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is.
(F) Upon receipt of the Planning Commission's recommendations, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in § 25.247. If, after the public hearing is closed, 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 and conditions of the agreement, the City Council may modify or terminate the agreement.
(G) Notwithstanding the above review provisions, a development agreement may, at any time, be amended or cancelled, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest.
(Ord. 951, passed 3-16-2004)