§ 10.32.11. Fair share agreement content.

All fair share agreements must contain the following:

A.

All information required in the application submitted pursuant to this chapter.

B.

A fair share obligation computation sheet prepared by the city;

C.

The names and addresses of all of the legal and equitable owners of the property;

D.

The proposed uses to be permitted on the land including the densities and intensities;

E.

The duration of the agreement;

F.

If the commission agrees to a duration of the agreement in excess of five years, then the agreement must contain a phasing schedule. The phasing schedule shall include progress milestones which must be completed throughout the course of the agreement. If the progress milestones are not met, then the agreement will be subject to termination pursuant to this chapter.

G.

A conceptual site plan containing the following, as a minimum: a graphic layout of the proposed development by land use quantifying the acreage, density and/or intensity of each portion of the proposed development;

H.

A finding that the proposed development is consistent with the comprehensive plan;

I.

A statement indicating the agreement is voluntarily entered into in consideration of the benefits and the rights of the parties arising there under;

J.

A statement indicating that the burdens and benefits of an agreement are binding upon all parties to the agreement or their successors in interest;

K.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the owners of the necessity of complying with the appropriate law governing said permitting requirements, conditions, terms or restrictions;

L.

A description of any conditions, terms, restrictions, or other requirements or third party agreements, not otherwise prohibited by law, and determined to be necessary by the city for the public health, safety and welfare of the public;

M.

A description of all water or wastewater capacity reservations within the area of the proposed development which are reserved pursuant to the management system, if any exist or are applicable, and the date they will expire under the fair share agreement;

N.

If applicable, a description of the authorized improvement required to be constructed, including the date or schedule of construction and completion time, and if necessary, the date upon which any third party agreement assuring the provision of said improvements must be provided to the city prior to commencement of construction of any authorized improvement;

O.

A description of the credit for the fair share obligation after application of an in-kind payment in the form of an authorized improvement;

P.

If applicable, a description of any reservation or dedication of land for public purposes;

Q.

A statement regarding the responsibility and the timing of the payment of the difference between a development's fair share obligation and any impact fee for the applicable development in order to fulfill the applicant's fair share obligation under this chapter;

R.

Any other provisions the city deems necessary or appropriate.

( Ord. No. 2006-40, § 11 )