All provisions of this section, and sections 9.6.07, 9.6.08, 9.6.09 and 9.6.10 of this chapter are mandatory, and may not be altered by a development agreement. The obligations contained in these four (4) sections shall be enforceable by methods of enforcement of ordinances, as well as under the law respecting contracts; the doctrine of election of remedies shall have no application.
In addition to the objectives outlined in chapter 1 of this title, provisions to allow the city and developers to enter into development agreements are included in these subdivision regulations to achieve the following purposes:
(A) To assure the city and the applicant that the development will be of greater community benefit and that, in turn for providing needed facilities, improvements or services, the applicant will be able to plan for and proceed with development.
(B) To provide a procedure whereby developers of large scale and/or multi-use projects may continue with the development of such projects in accordance with the rules, regulations and policies of the city as such existed at the time the development agreement was adopted, notwithstanding subsequent changes in such rules, regulations, and policies which may occur during the time frame of the development agreement subject to and in compliance with conditions of approval.
(C) To enable the city to more accurately plan and budget for necessary public improvements in full confidence that development will proceed in a timely and phased manner in accordance with the provisions of the development agreement.
(D) To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development. (Ord. 822, 2-23-2006, eff. 3-16-2006)