A. Periodic Review. Each Development Agreement shall be reviewed at least once every twelve months, and the review period shall be specified in the Agreement. Application for periodic review shall be made on a form prescribed by the Planning Department and shall be filed with such department. The application shall be accompanied by a fee prescribed by Resolution of the City Council. Failure to file for such review within the time limits specified in the Agreement shall render the agreement null and void at the discretion of Town. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the Agreement. If the Town Planner finds that such compliance has been deficient, he or she shall forward this finding and his or her recommendation to the City Council, for consideration in accordance with Subsection B of this section.

B. Revocation. At any time the Council may, at a public hearing, consider whether there are grounds for revocation of any Development Agreement. The applicant shall be given advance notice of the time, date and place of any hearing by the City Council during which the Development Agreement will be considered. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the Agreement. If as a result of such review, the Council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the Agreement, the Council may revoke or modify the Agreement in whole or in part. (Ord. 634 § 2 (Exh. A), 2018)