A. Proposed Amendment or Cancellation. Unless otherwise provided in a development agreement, either party may propose an amendment to or cancellation, in whole or in part, of a development agreement previously entered into.
B. Procedures. The procedure, for proposing and adoption of an amendment to or cancellation, in whole or in part, of a development agreement shall be the same as the procedure for entering into an agreement in the first instance, including but not limited to the notice of and the public hearings as specified in this Chapter.
C. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation, in whole or in part, of the development agreement, it shall first give notice to the developer of the City’s intention to initiate the proceedings in the manner specified in Chapter 10.116 (Public Notices and Hearings).
D. In the Event of Cancellation.
1. In the event that a development agreement is canceled or terminated, all rights of the developer under the development agreement shall terminate.
2. Except as otherwise provided in the development agreement, the City may, at its sole discretion, retain any and all benefits, including reservation or dedications of land, improvements constructed, and payments of fees, received by the City.
E. Effect of Termination on Entitlements. Notwithstanding Subsection D., above, any termination of the development agreement shall not prevent the developer from constructing or completing a structure or other improvements authorized in compliance with other validly issued permits or approvals, but the City may take any action permitted by law to prevent, stop, or correct any violation of law occurring after cancellation of the development agreement. (Ord. 935 § 3 (part), 2015)