Initiation of Review Clause Samples

Initiation of Review. Pursuant to Section 65865.1 of the Development Agreement Statute and Section 56.17 of the Administrative Code as of the Effective Date, at the beginning of the second week of January following final adoption of this Agreement (the “Annual Review Date”), the Planning Director shall commence a review to ascertain whether Developer has, in good faith, complied with the Agreement.

Initiation of Review. To initiate a request, the employees will obtain from their supervisor a job evaluation questionnaire and complete it according to the prescribed instructions. On completion, the Job Evaluation Questionnaire is to be forwarded by the employee to the Foundation and the Union and shall be supplemented with a written statement, signed and dated by the employee, as to why a change to the current allocations should be considered.

Initiation of Review. The City's Community Development Director shall initiate the annual review by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. The notice shall specify the date on which a public hearing on the annual review shall be conducted by the City Council, as required by Section 604 of the Development Agreement Procedures. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review to demonstrate good faith compliance with the provisions of the Agreement as provided in Government Code §§ 65864 et seq.

Initiation of Review. Any review process under this Article 19 must be initiated within fifteen (15) days after receipt of written notification of the disputed decision.

Initiation of Review. Pursuant to Section 65865.1 of the Development Agreement Statute and Section 56.17 of the Administrative Code, on the date which is fifteen (15) days following the City's receipt of each annual Compliance Statement (the "Annual Review Date") during the Term, the Planning Director shall commence a review to ascertain whether CPMC has, in good faith, materially complied with this Agreement.

Initiation of Review. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Landowner with the terms of this Agreement. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Section 65865.1 of the Government Code and the monitoring of mitigation in accordance with Section 21081.6 of the Public Resources Code of the State of California. Notice of such annual review shall include the statement that any review of obligations of Landowner as set forth in this Agreement may result in termination of this Agreement. A finding by City of good faith compliance by Landowner with the terms of the Agreement shall be conclusive with respect to the performance of Landowner during the period preceding the review. To the extent this cost is not included in other fees or costs paid by Landowner, Landowner shall be responsible for the cost reasonably and directly incurred by the City to conduct such annual review, the payment of which shall be due within thirty (30) days after conclusion of the review and receipt from the City of the bill for such costs. Upon, not less than thirty (30) days written notice by the City, Landowner shall provide such information as may be reasonably requested and deemed to be required by the City in order to ascertain compliance with this Agreement. In the same manner prescribed in Section 10, the City shall deposit in the mail to Landowner a copy of all staff reports and related exhibits concerning contract performance and, to the extent practical, at least ten (10) calendar days prior to any such periodic review. Landowner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council or, if the matter is referred to the Planning Commission, before the Planning Commission. If City takes no action within thirty (30) days following a required public hearing to discuss the annual review findings, Landowner shall be deemed to have complied in good faith with the provisions of the Agreement.

Initiation of Review. The City Manager, or his or her designee, shall initiate the annual review by providing the Developer with thirty (30) days’ written notice that the City intends to undertake such review. The Developer shall provide evidence in support of its good faith compliance with this Agreement to the City Manager, or his or her designee, no less than ten (10) business days prior to the hearing on the annual review. The City shall not waive its right to conduct its right to review this Development Agreement for failure to provide timely notice of the initiation of such annual review.

Initiation of Review. City's Planning Director shall initiate the annual review by giving to Landowner written notice that City intends to undertake such review. Within thirty (30) days of City’s notice, Landowner shall provide evidence to the Planning Director to demonstrate good faith compliance with the Development Agreement. The burden of proof, by substantial evidence of compliance, is upon Landowner. City’s failure to timely initiate the annual review is not deemed to be a waiver of the right to do so at a later date; accordingly, Landowner is not deemed to be in compliance with the Agreement by virtue of such failure to timely initiate review.

Initiation of Review. Job Evaluation requests may be initiated in one of two ways: 1. The supervisor/management determines that the job content has changed and JEC review is appropriate, or 2. The employee, HR or the Union has reason to believe that the job has changed sufficiently to warrant review by the JEC. In this case, the matter is discussed with the supervisor by the party who believes the job has changed. a) If the supervisor and his/her managers agree that the job duties have changed, the employee must perform the new duties for a period of ninety (90) calendar days prior to any further action being taken. A Notification of Intent, updated draft job description, and questionnaire must be provided by the supervisor to the job evaluation representative thirty (30) calendar days following the employee’s 90-day completion of his/her new duties. b) If the supervisor and employee cannot agree that the duties have sufficiently changed, the employee may submit an updated job description and questionnaire to his/her HR job evaluation representative for a preliminary determination on whether or not the changes are significant enough to warrant job evaluation. c) In the event there is agreement that the duties have been changed, the request may immediately proceed to the next step. 3. The Notification of Intent and questionnaire form may be found on the HR website and can be completed by the manager or the employee.