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SAN LEANDRO ADMINISTRATIVE CODE TITLE 5 COMMUNITY DEVELOPMENT (d) A development agreement may provide that the Project be constricted in specified phases, that constriction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. (e) A development agreement may include a requirement for the Developer's payment of op- erational costs of public services and for the Developer's agreement to be included within a Mello-Roos District or other comparable district for financing ongoing operational costs of public services for the Project. (f) If the development agreement requires Developer's financing of necessary public facilities, it may include terms relating to subsequent reimbursements over time for such financing. (g) All development agreements shall contain an indemnity and insurance clause requiring the Developer to indemnify and hold the City harmless against claims arising out of the devel- opment process, including all legal fees and costs. (h) A development agreement is a contract that is negotiated and voluntarily entered into by City and Developer and may contain any additional or modified conditions, terms or provi- sions agreed upon by the parties, including sanctions for failure to meet requirements. (i) A development agreement may include conditions relating to financial guarantees for per- formance of obligations thereunder. X5.4.155: INITIATION OF AMENDMENT OR CANCELLATION. (a) Unless otherwise provided in a development agreement, either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. (b) The procedure for proposing and adopting 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. (c) Where the City initiates the proposed amendment to 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 such proceedings at least fifteen (15) days in advance of the City's providing the public notice required by §5.4.125. (d) In the event that a development agreement should be canceled or terminated, all rights of the Developer under the development agreement shall terminate. Except as otherwise pro- vided in the development agreement, the City may, in its sole discretion, determine to retain any and all benefits, including reservations or dedications of land, improvements con- stricted and payments of fess, received by the City. Department Responsible for Revision: Community Development Chapter 5.4 11/21/2005 Page 5