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A. After the hearing required by Section 17.128.210(A), the council may terminate or modify the agreement upon finding that:

1. Terms, conditions, and obligations of any party to the development agreement have not been met; or

2. The scope, design, intensity, or environmental effects of a project were represented inaccurately; or

3. The project has been or is being built, operated, or used in a manner that differs significantly from approved plans, permits, or other entitlements; or

4. Parties to the agreement have engaged in unlawful activity or have used bad faith in the performance of or the failure to perform their obligations under the agreement.

B. Such remedial action may include, but is not limited to, changes to project design or uses, operating characteristics, or necessary on-site or off-site improvements which are determined to be reasonably necessary to protect public health, safety, or welfare, and to correct problems caused by or related to noncompliance with the terms of the agreement. (Ord. 1650 § 3 (Exh. B), 2018)