Laserfiche WebLink
<br /> 17 <br /> <br /> <br />3.10. City Council Noncompliance Finding. <br />If the City Council, at a properly noticed public hearing pursuant to Section 3.7, finds and <br />determines, on the basis of substantial evidence, that Developer has not complied in good faith <br />with the material terms or conditions of this Development Agreement and that Developer is in <br />material breach of this Development Agreement, Developer will have a reasonable time <br />determined by the City Council to meet the reasonable terms of compliance approved by the City <br />Council, which time shall be not less than thirty (30) days. If Developer does not complete the <br />terms of compliance within the time specified, the City Council shall hold a public hearing <br />regarding termination or modification of this Development Agreement. Notification of intention <br />to modify or terminate this Development Agreement shall be delivered to Developer by certified <br />mail containing: (i) the time and place of the City Council hearing; (ii) a statement as to whether <br />City proposes to terminate or modify this Development Agreement and the terms of any <br />proposed modification; and (iii) any other information reasonably necessary to inform Developer <br />of the nature of the proceedings. At the time of the hearing, Developer shall be given an <br />opportunity to be heard. The City Council may impose conditions to the action it takes as <br />necessary to protect the interests of City; provided that any modification or termination of this <br />Development Agreement pursuant to this provision shall bear a reasonable nexus to, and be <br />proportional in severity to the magnitude of, the alleged breach, and in no event shall termination <br />be permitted except in accordance with Article 5 herein. <br />3.11. Relationship to Default Provisions. <br />The above procedures supplement and do not replace that provision of Section 5.4 of this <br />Development Agreement whereby either City or Developer may, at any time, assert matters <br />which either Party believes have not been undertaken in accordance with this Development <br />Agreement by delivering a written Notice of Default and following the procedures set forth in <br />Section 5.4. <br />ARTICLE 4. <br />AMENDMENTS <br />4.1. Amendments to Development Agreement Legislation. <br />This Development Agreement has been entered into in reliance upon the provisions of the <br />Development Agreement Legislation as those provisions existed at the Agreement Date. No <br />amendment or addition to those provisions or any other federal or state law and regulation that <br />would materially adversely affect the interpretation or enforceability of this Development <br />Agreement or would prevent or preclude compliance with one or more provisions of this <br />Development Agreement shall be applicable to this Development Agreement unless such <br />amendment or addition is specifically required by the change in law, or is mandated by a court of <br />competent jurisdiction. In the event of the application of such a change in law, the Parties shall, <br />upon request of one of the Parties, meet in good faith to determine the feasibility of any <br />modification or suspension that may be necessary to comply with such new law or regulation and <br />to determine the effect such modification or suspension would have on the purposes and intent of <br />this Development Agreement and the Vested Elements. Following the meeting between the <br />Parties, the provisions of this Development Agreement may, to the extent feasible, and upon