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The amendment or cancellation of a development agreement by the mutual consent of the parties, or the modification or termination of a development agreement by the county shall occur as required by this section.

A. Action by Mutual Consent. Any party to a development agreement may propose an amendment to or cancellation in whole or in part of the development agreement.

1. The procedure for proposing an amendment to or a cancellation, in whole or in part, of the agreement is the same as the procedure set forth in SCC 25.05.040 through 25.05.060.

2. Where the county initiates the proposed amendment to or cancellation in whole or in part of the agreement, it shall first give notice to the property owner or authorized agent of its intention to initiate such proceedings at least 30 days before giving notice as required by SCC 25.05.060.

B. Modification or Cancellation for Cause. The county may modify or cancel a development agreement as provided by this subsection, if the periodic review process specified in SCC 25.05.070 results in a determination pursuant to SCC 25.05.070(D)(2) that the developer has not complied with the agreement.

1. Notice of Intention to Modify or Cancel. The county shall give notice to the developer of its intention to hold a hearing not less than 30 days before the hearing. The notice shall contain the information required by SCC 20.05.110, and the following:

a. A statement as to whether or not the county proposes to cancel or modify the agreement; and

b. Any other information that the Planning Director considers necessary to inform the developer of the nature of the proceeding.

2. Conduct of Hearing. At the time and place set for the hearing on modification or cancellation, the developer shall be given an opportunity to be heard. If the hearing is conducted before the Board of Supervisors on appeal, the Board may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Board of Supervisors may impose those conditions to the action it takes as it considers necessary to protect the interests of the county. The decision of the Board is final. (Ord. 902, eff. 7/6/00. Formerly 25.08)