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A. Modification Of Agreements: Development agreements may only be modified through the public hearing process.
B. Termination Of Agreements: Development agreements may be terminated or amended by the city council, after public hearing for failure to comply with the commitments expressed in the development agreement.
1. Upon termination of a development agreement pursuant to this chapter, the city council shall reverse the property to the prior zoning designation or in the case of initial zone at annexation, to a zoning designation deemed appropriate by the city council.
2. All uses that are not compatible with the subsequent zoning designation following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use permit for the property, if the use(s) are conditionally allowed within the subsequent zoning district.
C. Notice: In the event the city believes that grounds exist for revocation of the development agreement, the property owner shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance and providing the property owner fifteen (15) calendar days to furnish evidence that:
1. Corrective action has remedied the violation or noncompliance;
2. Rebuts the alleged violation or noncompliance; and/or
3. A request to amend the development agreement has been submitted. (Ord. 224, 8-13-2008)