(A) Initiation of amendment or cancellation. Any Development Agreement may be canceled or amended by mutual consent of the parties.
(B) Procedures.
(1) Cancellation or modification by mutual consent. Any proposal to cancel or modify a Development Agreement will be heard and determined in accordance with the procedures specified by this Chapter 16.234 for approval of a Development Agreement.
(2) Cancellation by city. If, at any time during the term of a Development Agreement, it is found that the party to the Agreement has not complied with the terms and conditions of the Development Agreement, a public hearing will be held by the City Council at which time the party to the Agreement will be given the opportunity to demonstrate otherwise. The burden of proof will be upon the party to the Agreement to show compliance by substantial evidence. If such compliance is not shown, the City Council may either cancel the Development Agreement, or continue the Agreement on such terms and conditions as it may consider appropriate under the circumstances.
(C) Rights of the parties after cancellation or termination.
(1) In the event that a Development Agreement is canceled or otherwise terminated, unless otherwise agreed, all rights of the party to the Agreement or successors in interest under the Development Agreement will terminate.
(2) Any and all benefits, including money or land, received by the city will be retained by the city.
(3) Notwithstanding the above provisions, any termination of a Development Agreement will not revoke a valid building permit previously issued by the city for any improvement authorized by the Development Agreement. All such completed or completing uses will, to the extent possible, be deemed nonconforming uses, and will be subject to the nonconforming use provisions of this Title 16.
(Ord. 1104, passed 7-19-04)