Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final.
Appears in 10 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidenceevidence in the administrative record, that the OWNER has not complied in good faith with the terms or and conditions of the Agreementagreement, the City Council may terminate this Agreement or modify this Agreement and impose such those conditions to the action it takes as are reasonably it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidenceevidence in the administrative record, that the OWNER has not complied in good faith with the terms or and conditions of the Agreementagreement, the City Council may terminate this Agreement or modify this Agreement and impose such those conditions to the action it takes as are reasonably it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heardheard and shall be entitled to present written and oral evidence. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council CITY may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
Appears in 1 contract
Samples: Development Agreement
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review.
Appears in 1 contract
Samples: Development Agreement
Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER Owner shall be given an opportunity to be heard. OWNER Owner shall be required to demonstrate good good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNEROwner. If the City Council finds, based upon substantial evidence, that OWNER Owner has not complied in good faith with the terms or conditions of the this Agreement, the City Council may terminate this Agreement or or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITYCity. The decision of the City Council shall be final.
Appears in 1 contract
Samples: Development Agreement