A. A development agreement may be terminated, the zoning designation and any plats reversed, upon the failure of the initial developer to initiate, perform upon, or fulfill in whole or in part the requirements in the development agreement after two (2) year's time from date of Council approval of development agreement.
B. Each subsequent owner or each other person subsequently acquiring an interest in a land parcel with an active development agreement shall also be required to comply with the conditions in the development agreement, shall be under the same requirements of modification and termination of the development agreement in this Code, and shall initiate, perform upon, or fulfill in whole or in part the requirements in the development agreement within two (2) year's time from the date of ownership.
C. By permitting or requiring development agreements by ordinance the City Council does not obligate itself to recommend or adopt any proposed zoning ordinance, or other land use changes. A written development agreement shall be deemed written consent to rezone upon the failure of conditions imposed by the development agreement in accordance with the provisions of Idaho Code 67-6509.
D. Failure of any party to require performance of any provision of a development agreement shall not affect any party's right to require full performance thereof at any time thereafter, and the waiver by any party of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach or nullify the effectiveness of such provision. (Ord. 2019-599-A, 3-21-2019)