(A) At a minimum, a development rights and responsibilities agreement shall contain the following:
(1) A lawyer's certification that applicant has either a legal or equitable interest in the property;
(2) The names of all persons having an equitable or legal interest in the property, including lien holders;
(3) A legal description of the property subject to the agreement;
(4) The duration of the agreement;
(5) The permissible uses of the property;
(6) The density or intensity of use of the property;
(7) The maximum height and size of structures to be located on the property;
(8) A description of permits required or already approved for the development of the property;
(9) A statement that the proposed development plan is consistent with the Comprehensive Plan and all applicable county regulations;
(10) A description of the conditions, terms, restrictions or other requirements determined by the county to be necessary to ensure the public health, safety or welfare;
(11) A description of the enhanced public benefits to be provided by the applicant to the county in exchange for the benefits received by the applicant in the agreement;
(12) An estimated cost or value of the enhanced public benefits provided by the applicant to the county in exchange for the benefits received by the applicant, and the timeframe within which the applicant will provide the enhanced public benefits in accordance with the following:
(A) If an enhanced public benefit of land is to be provided, the land shall be transferred to the county prior to the expiration date of the agreement; and
(B) If an enhanced public benefit is to be provided in the form of construction of or improvement to a public facility, it shall be assured by the applicant submitting a financial guarantee (e.g., a letter of credit or a performance bond), and such guarantee shall be provided prior to the expiration date of the agreement;
(13) To the extent applicable, provisions for the:
(a) Dedication of a portion of the property for public use;
(b) Protection of sensitive areas;
(c) Preservation and restoration of historic structures;
(d) Construction or financing of public facilities; and
(e) Responsibility for attorney's fees, costs, and expenses incurred by the county in the event an agreement is abandoned or breached by the applicant.
(B) An agreement may contain other terms, provisions, requirements and agreements concerning the property which may be agreed upon by the county and the applicant.
(C) An agreement may fix the time frame and terms for development and construction on the property.
(D) An agreement may provide for other matters consistent with this chapter.
(E) All persons with a lien interest in the property must execute the agreement.
(F) Any superior interest with a power of sale must be subordinated to the position of the county.
(Ord. 07-33-473, 11-15-2007; Ord. 12-04-599, 2-21-2012; Ord. 14-23-678, 11-13-2014; Bill No. 16-10, 9-6-2016; Bill No. 19-05, 5-21-2019)