What a Development Agreement Must Include

(a) A development agreement shall contain the following, when applicable: (1) A description of the land that is the subject of the development agreement; (2) Specifications of the permitted uses of the property, the density or intensity of use, and the design and the maximum height and size of proposed buildings permitted as of the date the development agreement is effective; (3) If required by the council, a master plan of the property subject to the development agreement, designating the permitted locations of uses or categories of uses and designating areas of the property that will be subject to the various specifications on density, intensity, building design, building height, and building size referred to in subdivision (2); (4) A description of which city laws, ordinances, resolutions, rules, regulations, and policies governing the use of the land that is the subject of the development agreement shall apply to the development in accordance with § 33-1.6 ; (5) Provisions, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect on the date the development agreement is effective; and (6) A termination date, not to exceed 10 years from the effective date of the agreement; provided that the parties to the agreement shall not be precluded from extending the termination date by mutual agreement pursuant to § 33-1.9 for a period or periods not to exceed two years per extension, or from entering into subsequent development agreements. (b) A development agreement shall provide commencement dates and completion dates for any proposed development, including dates for commencement and completion of phases, if any, of the development; provided that such dates as may be set forth in the development agreement may be extended at the discretion of the city at the request of the developer upon good cause shown, subject to subsection (a)(6). (c) A development agreement may include any other terms consistent with this chapter not prohibited by law. Such additional terms may, as appropriate, include maps, site plans, narrative, and any other documents or materials. (d) In addition to the city and the developers, any federal, State, or local governmental agency or body may be included as a party to a development agreement. If more than one governmental body is made a party to a development agreement, the agreement shall specify that the designated agency shall be responsible for the overall administration of the agreement. (e) Consent to the development agreement by the fee owner or owners and all lessees with standing shall be a part of each agreement. (f) A development agreement shall include conditions imposed by the city on the proposed development; provided that further conditions may be imposed pursuant to any discretionary permit that is required for the proposed development as of the effective day of the agreement. (g) No development agreement can preempt the need for a future discretionary permit, issued by the city, where such discretionary permit is required by law in effect as of the effective date of the agreement. (h) The city may require a developer to obtain a bond, establish a letter of credit, provide collateral, or use any other adequate means to ensure compliance with a development agreement.