Common use of Development Agreement Clause in Contracts

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. X. Xxxxxxxxxxxxxxx of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. Maintenance of all secondary water systems in the R-PUD. 2. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 3. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that city utility xxxxxxxx, and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. X. Xxxxxxxxxxxxxxx D. Acknowledgement of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. Maintenance of all secondary water systems in the R-PUD. 2. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 3. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that city utility xxxxxxxx, and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine six (96) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. X. Xxxxxxxxxxxxxxx D. Acknowledgement of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. : Maintenance of all secondary water systems in the R-PUD. The fire line shall be the responsibility of the City. 21. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 32. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that That city utility xxxxxxxx, and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that That all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description Description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over againover. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. X. Xxxxxxxxxxxxxxx of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. Maintenance of all secondary water systems in the R-PUD. 2. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 3. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that city utility xxxxxxxx, and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine six (96) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. X. Xxxxxxxxxxxxxxx of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. : Maintenance of all secondary water systems in the R-PUD. The fire line shall be the responsibility of the City. 21. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 32. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that That city utility xxxxxxxx, and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that That all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description Description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city City attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package landscaping plan shall be provided to the city, approved, city and installed as part of the project approved before occupancy permits are issued. Also include a description The landscaping shall be completed as part of the landscaping cash security or approved alternative, if requiredproject. X. Xxxxxxxxxxxxxxx of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a C. A perpetual, irrevocable homeowner’s association (HOA) shall be established prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-pseudo- HOA until sufficient occupants are available to establish an association according to covenants, conditions, conditions and restrictions. 2. D. The developer will shall provide to the city covenants, conditions, conditions and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required maintaining the open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed(undivided lands). The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the The HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership Membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the The HOA shall be responsible for the following: 1. Maintenance of all secondary water systems works in the R-PUD. The fire line shall be the responsibility of the City. The developer will provide to the city a right-of-way to access fire hydrants for flushing and repairs. 2. A separate agreement will be generated with the city for rights-of way, easements and a method of payment for repairs. 3. Maintenance of sewer lines, clearing, repair and controlling the sewer out fall from the R-PUD. 24. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 35. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that Collection and payment of city utility xxxxxxxx, xxxxxxxx and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, xxxxxxxx as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title. X. Xxxx are charged in accordance with a fee schedule set by the city council.

Development Agreement. The developer and the city shall enter into a development agreement, approved by the city City attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package landscaping plan shall be provided to the city, approved, city and installed as part of the project approved before occupancy permits are issued. Also include a description The landscaping shall be completed as part of the landscaping cash security or approved alternative, if requiredproject. X. Xxxxxxxxxxxxxxx of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a C. A perpetual, irrevocable homeowner’s association (HOA) shall be established prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-pseudo- HOA until sufficient occupants are available to establish an association according to covenants, conditions, conditions and restrictions. 2. D. The developer will shall provide to the city covenants, conditions, conditions and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required maintaining the open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed(undivided lands). The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-XXX, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the The HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership Membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the The HOA shall be responsible for the following: 1. Maintenance of all secondary water systems works in the R-PUD. The fire line shall be the responsibility of the City. The developer will provide to the city a right-of-way to access fire hydrants for flushing and repairs. 2. A separate agreement will be generated with the city for rights-of way, easements and a method of payment for repairs. 3. Maintenance of sewer lines, clearing, repair and controlling the sewer out fall from the R-PUD. 24. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 35. Maintenance of private streets, parking lots, sidewalks, playgrounds and other items described in the CC&Rs. H. Acknowledgement that Collection and payment of city utility xxxxxxxx, xxxxxxxx and any other city-issued xxxxxxxx, will be paid by residents of individual units or the HOA for the required open space and common areas, xxxxxxxx as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title. J. Fees are charged in accordance with a fee schedule set by the city council.