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Development Agreement, the annual review shall be deemed concluded. City shall, at <br /> Developer's request, issue and have recorded a Certificate of Compliance indicating Developer's <br /> compliance with the terms of this Development Agreement. <br /> 3.10. City Council Noncompliance Finding. <br /> If the City Council, at a properly noticed public hearing pursuant to Section 3.7, finds and <br /> determines, on the basis of substantial evidence,that Developer has not complied in good faith <br /> with the material terms or conditions of this Development Agreement and that Developer is in <br /> material breach of this Development Agreement, Developer will have a reasonable time <br /> determined by the City Council to meet the reasonable terms of compliance approved by the City <br /> Council,which time shall be not less than thirty(30)days. If Developer does not complete the <br /> terms of compliance within the time specified,the City Council shall hold a public hearing <br /> regarding termination or modification of this Development Agreement. Notification of intention <br /> to modify or terminate this Development Agreement shall be delivered to Developer by certified <br /> mail containing: (i)the time and place of the City Council hearing; (ii) a statement as to whether <br /> City proposes to terminate or modify this Development Agreement and the terms of any <br /> proposed modification; and (iii)any other information reasonably necessary to inform Developer <br /> of the nature of the proceedings. At the time of the hearing, Developer shall be given an <br /> opportunity to be heard. The City Council may impose conditions to the action it takes as <br /> necessary to protect the interests of City;provided that any modification or termination of this <br /> Development Agreement pursuant to this provision shall bear a reasonable nexus to, and be <br /> proportional in severity to the magnitude of,the alleged breach, and in no event shall termination <br /> be permitted except in accordance with Article 5 herein. <br /> 3.11. Relationship to Default Provisions. <br /> The above procedures supplement and do not replace that provision of Section 5.4 of this <br /> Development Agreement whereby either City or Developer may, at any time, assert matters <br /> which either Party believes have not been undertaken in accordance with this Development <br /> Agreement by delivering a written Notice of Default and following the procedures set forth in <br /> Section 5.4. <br /> ARTICLE 4. <br /> AMENDMENTS <br /> 4.1. Amendments to Development Agreement Legislation. <br /> This Development Agreement has been entered into in reliance upon the provisions of the <br /> Development Agreement Legislation as those provisions existed at the Agreement Date. No <br /> amendment or addition to those provisions or any other federal or state law and regulation that <br /> would materially adversely affect the interpretation or enforceability of this Development <br /> Agreement or would prevent or preclude compliance with one or more provisions of this <br /> Development Agreement shall be applicable to this Development Agreement unless such <br /> amendment or addition is specifically required by the change in law, or is mandated by a court of <br /> competent jurisdiction. In the event of the application of such a change in law,the Parties shall, <br /> upon request of one of the Parties, meet in good faith to determine the feasibility of any <br /> 17 <br />