A. A development agreement shall specify its duration, the permitted uses of the property, the density and/or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.
B. A development agreement shall attach and incorporate by reference all conditions of approval imposed by the City with respect to the development project.
C. All development agreements shall contain an indemnity and insurance clause in form and substance acceptable to the City Attorney, requiring the developer to indemnify the City against claims arising out of the development process and limiting the developer's sole remedy to specific performance and thereby eliminating any potential damages to be paid by the City under the development agreement; provided, that, these provisions do not violate applicable law or constitute a joint venture, partnership or other participation in business affairs of developer by the City.
D. All development agreements, or any part of development agreements, may be subject to subsequent condemnation proceedings by the City.
E. Community Benefits: At the discretion of the City Council, additional heights over the base height standard in gateways and nodes may be approved up to the maximum heights as shown in the General Plan Community Form Diagram (Fig. LU-1 of the General Plan) in conformance with the Community Benefits Program.
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984)