Hercules Municipal Code Art. 4 Amendment And Cancellation Of Agreement By Mutual Consent

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

(Ord. 198 § 1 (part), 1985)

The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. (Articles 1 through 3.)

However, where Hercules initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least thirty (30) days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 10-8.202.

(Ord. 198 § 1 (part), 1985)

Subarticle 5. Recordation

(a) Within ten (10) days after Hercules enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

(b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if Hercules terminates or modifies the agreement as provided in Government Code Section 6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder.

(Ord. 198 § 1 (part), 1985)