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Once the land use authority has approved either the (A) phased preliminary master planned development, or (B) final master planned development, the approval shall be put in the form of a development agreement. The development agreement shall be in a form approved by the City Attorney, and shall contain, at a minimum, the following:

A. A legal description of the land;

B. All relevant zoning parameters including all findings, conclusions and conditions of approval;

C. An express reservation of the future legislative power and zoning authority of the City;

D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the Planning Commission approval;

E. A description of all developer exactions or agreed upon public dedications;

F. The developer’s agreement to pay all specified impact fees;

G. The form of ownership anticipated for the project and the specific project phasing plan;

H. Financial guarantees for all required improvements;

I. Final covenants, conditions, and restrictions.

J. All fees associated with the approval documents are the responsibility of the applicant.

The development agreement shall also contain language which allows for minor, administrative modifications to occur to the approval without revision of the agreement. To obtain approval, the development agreement must be signed by the applicant and submitted to the City Council within six months of the date the project was approved by the land use authority, or said approval of the plat or plan shall expire. The development agreement shall be signed by the City Council and recorded with the county recorder. All agreements and plans or plats shall be recorded within six months of approval or the agreement and all approvals are null and void. If the applicant chooses to pursue the development, a new application and all fees shall be submitted by the applicant to the City planning and zoning department in accordance with the municipal code sections above. (Ord. 15-04 (part), 2015: Ord. 06-17 (part), 2006)