1. MANDATORY CONTENTS
A development agreement entered into pursuant to this Chapter must contain provisions that:
A. Specify the duration of the agreement;
B. Specify the permitted uses of the property;
C. Specify the density or intensity of use(s);
D. Set forth the maximum height and size of proposed structures;
E. Set forth provisions, if any, for reservation or dedication of land for public purposes;
F. Provisions not permitting protection from a future increase in development fees;
G. Provisions for a tiered amendment review procedure such as:
1.) Director sign-off for small changes;
2.) Commission sign-off for large changes; and
3.) Major amendments by Council; and
H. Provisions for a health and safety exception such as a "compelling public necessity" (i.e., a new environmental health hazard is discovered).
2. PERMISSIVE CONTENTS
A development agreement entered into pursuant to this Chapter may:
A. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;
B. Provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;
C. Include terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and
D. Include such other terms, conditions and requirements as the Council may deem necessary and proper, including, but not limited to, a requirement for assuring to the satisfaction of the City performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.