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I©.A-17 <br />15. Annual Review. <br /> <br />Pursuant to the provisions of Government Code Section 65865.1, the Planning and <br />Redevelopment Manager of City on behalf of City shall, on an annual basis, review the <br />good faith compliance by Owner with this Agreement. Owner or its successors in <br />interest shall initiate this review each year and shall demonstrate good faith compliance <br />with the Agreement. If as a result of that review, the Planning and Redevelopment <br />Manager determines, on the basis of substantial evidence, that Owner has not <br />complied in good faith with this Agreement, City may terminate or modify this <br />Agreement in whole or in part, subject to the following limitations: <br /> <br />(a) Owner may appeal to the City Council of City any determination by the Planning <br />and' Redevelopment Manager of non-compliance within 30 days of the date on which <br />the written findings required by subsection (b) are mailed or delivered to Owner; <br /> <br />{b) Any determination of non-compliance by the Planning and Redevelopment <br />Manager of City or by the City Council of City on appeal shall specify in writing the <br />respects in which Owner has failed to comply in good faith with the terms and <br />conditions of this Agreement; and <br /> <br />(c) City shall give Owner a notice of default and the termination of this Agreement <br /> <br />will be governed by the terms and conditions of the notice of default. <br /> <br />16. Certificate of Compliance. <br /> <br />If after an Annual Review, City finds Owner has complied in good faith with this <br />Agreement, City shall, upon written request by Owner, issue to Owner a Certificate of <br />Compliance certifying that Owner has so complied through the period of the applicable <br />Annual Review. The Certificate of Compliance must be in recordable form and must <br /> <br /> -]l- <br /> Agmt-450113001 <br /> FXS:dr <br /> 02/04/02R. 02/12/02R <br /> <br /> <br />