HomeMy WebLinkAboutItem 9 Standard Development Agreement-Adopt Agmt AGENDA ITEM1
MAYOR AND COUNCIL COMMUNICATION
DATE: 03/05/2013
REGULAR
ITEM #: 9
RESOLUTION
AGENDA ITEM: Standard Form of Development Agreement – Resolution to Adopt
Agreement
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Dean A. Zuleger, City Administrator
REVIEWED BY: Kyle Klatt, Planning Director
Cathy Bendel, Finance Director
Dave Snyder, City Attorney
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to
consider approving Resolution No. 2013-16, adopting the Standard Form of Development
Agreement.
STAFF REPORT: In preparation for upcoming development, city staff has prepared a Standard
Form of Development Agreement to be used by development applicants’ in cases where public
infrastructure improvements are needed to serve the development.
The purpose of a development agreement is to vest certain development rights in the
landowner/developer in exchange for construction and dedication of public improvements,
certain restrictions on land uses, and other concessions on the part of developer. Development
agreements also provide assurances to the applicant for a particular development project, that
upon approval of the project, the applicant may proceed in accordance with applicable local
statues, ordinances, resolutions, rules, and policies in existence at the time the development
approval. The city needs a mechanism for negotiating such benefits in return for the vesting of
development rights for a specific period.
The Standard form of Development Agreement contains provisions regarding the agreement
terms, conditions, development rights, time of performance, responsibility for costs, security
requirements, forms of security, ownership transfer of public improvements, and other special
provisions. These provisions form the basis for which staff will prepare individual development
agreements and specify the content and procedures for such development agreements.
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RECOMMENDATION: Staff is recommending that the City Council consider approving
Resolution 2013-16, adopting the Standard Form of Development Agreement.
ATTACHMENTS:
1. Resolution No. 2013-16
2. Standard Form of Development Agreement