The city may, without incurring any liability, engage in action that otherwise would constitute a breach of any covenant contained in a development agreement if it makes a determination, on the record, that the action is necessary to avoid a substantial risk to public health, safety and general welfare. All such covenants shall be subject to an additional proviso that the city may, without incurring any liability, engage in action that would constitute a breach of any such covenant if the action is required by federal or state law. (2003 Code § 12-05-04)