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<br />. <br /> <br />20. <br /> <br />Annual Review. <br /> <br />Pursuant to the provisions of Government Code Section 65865.1, the <br /> <br />Planning Director of City on behalf of City shall, on an annual basis, review the good <br /> <br />félith compliélnce by Flatirons with this Agr-eement. Flatirons or its successors in <br /> <br />interest shall initiate this review eélch year and shall demonstrate good faith <br /> <br />coffil'liance with the Agreement. If as a result of that review, the Planning Director <br /> <br />determines, on the basis of substantial evidence, that Flatirons has not complied in <br /> <br />good faith with this Agreement, City may terminate or modify this Agreement in <br /> <br />whole or in part, subject to the following limitations: <br /> <br />,"",. <br /> <br />¡r;\ <br /> <br />(a) <br /> <br />Flatirons may appeal to the City Council of City any determination by <br /> <br />'. .' <br /> <br />the Planning Director of non-compliance within 30 days of the délte on which the <br /> <br />.. ... <br /> <br />, ""',", <br /> <br />" " .. <br />n-"".." <br />"'- <br /> <br />written findings required by subsection (b) are mailed or delivered to Flatirons; <br /> <br />.... " <br />'::~~i: <br /> <br />, ""~.. <br /> <br />:~h!: <br /> <br />(b) <br /> <br />Any deteI1rflination of noncompliance by the Planning Director of City <br /> <br />.,...,-.- <br />.. " .. <br />:i:~i~,~:: <br /> <br />or by the City Council of City on élppeal shall specify in writing the respects in which <br /> <br />Flatirons has failed to comply in good faith with the terms and conditions of this <br /> <br />Agreement; and <br /> <br />(c) <br /> <br />Cit)' shall give Flatirons a notice of defélult pursuant to Section 24 and <br /> <br />the termination of this Agreement wil~ be governed by Section 24. <br /> <br />, <br /> <br />21. <br /> <br />Certificate of Compliance. <br /> <br />If after an Annual Review, Cit)' finds Flatirons has complied in good faith <br /> <br />with this Agreement, City shélll issue to Flatirons a Certificate of Compliélnce <br /> <br />certifying that Flatir-ons has so coml'lied through the period of the applicélble <br /> <br />-35- <br /> <br />DV AGRCP3.rxx: <br />August 26, 1996 <br /> <br />., ,..,. .,,- ,. , <br /> <br />_. .,.,.. <br />