(A) The development agreement shall include all required components in accordance with Fla. Stat. § 163.3227.
(B) A development agreement may include:
(1) Any relocation of public or other utilities that is anticipated and an agreement as to which party shall bear the cost of the relocation.
(2) An agreement as to the type and amount of surety agreements that will guarantee performance, payment or maintenance, as applicable; provided, that all bonds or letters of credit, for any purpose, shall be on forms acceptable to the city and be issued by an entity acceptable to the city.
(3) An agreement as to buffers and visual screens for transition between land uses.
(4) An agreement as to which party shall maintain stormwater drainage systems and open spaces.
(5) A description of any conditions, terms, restrictions or other requirements or third-party agreements such as agreements with home owner associations or community development districts.
(6) A statement regarding how the development will be phased including dates when phases may be commenced or completed.
(C) No development agreement shall be effective until approved by the City Council following two public hearings in accordance with Fla. Stat.§ 163.3225.
(D) In determining whether to approve the development agreement, City Council shall consider the following:
(1) The findings required to be made pursuant to Fla. Stat. § 163.3225, as may be amended; and
(2) Whether the provisions of the development agreement are beneficial to the public health, safety, and general welfare.
(E) Upon execution of the development agreement by both parties, the City shall record the agreement in accordance with Fla. Stat. § 163.3239.
(F) Any changes in federal or state law subsequent to the effective date of the development agreement which may affect the rights of either the city or the developer shall be fully applicable as to the development notwithstanding the provisions of the development agreement; provided, however, that such changes in law do not preclude the ability of the parties to the development agreement to comply with the terms of the development agreement.
(G) The Growth Management Director, or designee, shall periodically review each development agreement in compliance with Fla. Stat. § 163.3225, as may be amended. The City may inspect the land subject to the development agreement to determine compliance with the terms of the development agreement. The development agreement may be revoked or modified in compliance with Fla. Stat. § 163.3235, as may be amended.
(H) A request to amend or cancel a development agreement shall be submitted to the City Council for consideration. The request shall contain the following information:
(1) An explanation of the reason for seeking cancellation or amendment of the development agreement shall be attached to the request as Exhibit A.
(2) A description of the actual amount of development completed, the size and scope of the resulting plan of development (after cancellation or amendment);
(3) A description of development that has occurred on site, including the amount of existing vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure completed at the site; etc. A copy of the approved site development plan, if applicable, shall be attached to the request as Exhibit B; and
(4) An identification of the amount of development that is planned (after cancellation or amendment), including the amount of vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure to be completed at the site; etc. A copy of the site development plan, if applicable, for the development as proposed after cancellation or amendment shall be attached to the request as Exhibit C.
(Ord. 2023-36, passed 7-6-23)