PC-92-80 - Laserfiche WebLink

the annual review shall be deemed completed, and the city council shall issue a certificate of compliance ("Certificate of compliance"), certifying Developer's good faith compliance with the terms of this Agreement through the period of the applicable annual review. The Certificate of Compliance shall be in recordable form and shall contain the information necessary to impart constructive record notice of the finding of good faith compliance hereunder. Developer shall have the right to record the certificate of compliance in the Official Records of the county of Alameda. 7.4 Findina of Noncompliance. If the city council, on the basis of substantial evidence, finds that the Developer has not complied in good faith with the terms of this Agreement for the year under review, the City Council shall specify in writing ("Notice of Noncompliance") to Developer the respects in which Developer has failed to comply. The Notice of Noncompliance shall specify in ~etail the grounds for, and all facts demonstrating, noncompliance so that Developer may address the issues raised on a point-by-point basis. The Notice of Noncompliance shall also specify a reasonable time for Developer to respond in writing to the Notice of Noncompliance, which time shall be not less than thirty (30) days after receipt of the Notice of Noncompliance. If, after receipt of Developer's response, the City council finds again on the basis of substantial evidence that Developer has not complied with the terms of this Agreement, Developer shall have the right to file a notice of appeal of the city council's determination of noncompliance. 7.5 Appeal to citv Council. If Developer files a notice of appeal to the City council's determination of noncompliance hereunder, the City council shall schedule a noticed public hearing thereon not earlier than thirty (30) days after Developer files its notice of appeal. At the hearing, Developer shall be entitled to submit evidence and address all issues raised in the Notice of Noncompliance or-to appeal. Developer'S evidence may be in writing or may be taken orally at the hearing before the City Council, or both. If, after receipt of any written response of Developer, and after considering all the evidence at the public hearing, the city council finds and determines on the basis of substantial evidence that the Developer has not complied in good faith with the terms and ,conditions of this Agreement, then the City council shall specify to Developer the respects in which Developer has failed to comply, and shall also specify a reasonable time for Developer to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be related reasonably to the time necessary adequately to bring Developer'S performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the city council are not perfected within the reasonable time limits herein prescribed, then the - 8 -