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SAN LEANDRO ADMINISTRATIVE CODE TITLE 5 COMMUNITY DEVELOPMENT (e) Notwithstanding the above paragraph, any termination of the development agreement shall not prevent the Developer from constricting or completing a building or other improve- ments authorized pursuant to validly issued City permits or entitlements, 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. §5.4.160: RECORDATION OF DEVELOPMENT AGREEMENT,AMENDMENT OR CANCELLATION. (a) Within ten (10) days after the City enters into the development agreement, the City Clerk shall submit for recording the agreement with the County Recorder. (b) If the parties to the agreement or their successors-in-interest amend or cancel the agreement or if the City terminates or modifies the agreement for failure of the Developer to comply in good faith with the terms or conditions of the agreement, the City Clerk shall record the no- tice of such action with the County Recorder. §5.4.165: ANNUAL REVIEW. (a) The City Council or, upon delegation by the City Council to the Director, the Director shall review the development agreement at least every twelve (12) months following the date of the agreement. The Director shall begin the review proceeding by giving thirty (30) days' written notice that the City intends to undertake a periodic review of the development agreement to the Developer. (b) The City Council or, if review authority has been delegated to the Director, the Director shall conduct a review of the development agreement during which the Developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the Developer. The City Council or Director shall determine, upon the ba- sis of substantial evidence, whether or not the Developer has, for the period under review, complied in good faith with the terms and conditions of the agreement. (c) The City Council or, if review authority has been delegated to the Director, the Director finds and determines on the basis of substantial evidence that the Developer has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period shall be concluded. If the City Council or Director finds and de- termines on the basis of substantial evidence that the Developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council or Director may modify or terminate the agreement. X5.4.170: EFFECT OF DEVELOPMENT AGREEMENT. (a) Unless otherwise provided by the development agreement, the City riles, regulations and official policies governing permitted uses of the property, density and design, improvement and constriction standards, parking requirements, setback requirements, architectural and Department Responsible for Revision: Community Development Chapter 5.4 11/21/2005 Page 6