UBLIC HEARING: Director of Development ... - City of Glendale

The covenants against discrimination (as described in § 303 and § 304) shall remain in
perpetuity. The covenants set forth in § 301 and § 302 shall remain in effect for the duration
of the Redevelopment Plan.
ARTICLE IV. [§ 400J EMINENT DOMAIN PROCEDURES
A. I§ 401] Exemption from Future A2ency Eminent Domain
In accordance with § 216 of this Agreemer", the Agency shall adopt a resolution which
waives the Agency's power of eminent domain that could involve taking all or part of the
property interests in the Site during the term of this Agreement and after the issuance of a
Certificate of Completion for the First Phase. Providing that the Site remains occupied and
maintained, such resolution shall have the effect of preventing the Agency from considering or
initiating any proceeding in eminem domain regarding the Site unless and until the City Council
approves an amendment to the Redevelopmelll Plan which specifically re-establishes such
eminent domain powers over the Site as provided under Health and Safety Code § 33399(g).
ARTICLE V. [§ 500] ANNUAL REVIEW, DEFAULTS, REMEDIES AND TERMINATION
A. [§ 501] Annual Review.
1. During the Term of this Agreement, the City shall review annually
Participant's compliance with this Agreement. Such periodic review shall be limited in scope
to good faith compliance with the provisions of this Agreement as provided in the Development
Agreement Act, and Participant shall have the burden of demonstrating such good faith
compliance.
2. Pre-Determination Procedure. Participanl's submission of evidence of
compliance with this Agreement, in a form which the Director of Development Services lTlay
reasonably establish, shall be made in wriling and transmitted to the Director of Development
Services not later than thirty (30) days prior to the yearly anniversary of the Effective Date of
this Agreement.
3. Evidence for Annual Review. Agency shall deliver to Participant a copy
of any staff report and any other documents to be used or relied upon in conducting the annual
review concerning ParticipanI's performance hereunder prior to comrnem.:ement of any such
annual review by the Director of Development Services, or if any such dOl:llmenI is subsequently
created or received, within 48 hours of its creation or receipt by the Agency. ParticipanI shall
be permitted a reasonable opportunity to respond (0 Agency's evaluation of its performance at
each stage of the review process, either orally or in writing, at Participant's election.
4. Director's Determination. On or before the yearly anniversary of the
Effective Date of this Agreement, the Director of Development Services shall make a
determinalion regarding whether or not Participant has complied in good faith with the
provisions and conditions of this Agreement. This determination shall be made in writing with
reasonable specificity, and a copy of the determination shall be provided to Participant in the
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