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Each proposed development agreement shall be submitted to the Director. Each development agreement shall include, without limitation, the following terms, conditions, restrictions, and requirements: (Ord. 2399, § 1, 09/16/2008)

(a) Proposed duration of the agreement, including a specified termination date, if appropriate; (Ord. 2399, § 1, 9/16/2008)

(b) Permitted uses of the property; (Ord. 2399, § 1, 9/16/2008)

(c) The density or intensity of uses; (Ord. 2399, § 1, 9/16/2008)

(d) The maximum height and size of proposed buildings; (Ord. 2399, § 1, 9/16/2008)

(e) Provisions for contribution to infrastructure, open space, affordable housing, or other public improvements and amenities of benefit to the County, including reservation, dedication, and improvement of land for public purposes; (Ord. 2399, § 1, 9/16/2008)

(f) Terms and conditions relating to applicant financing of required public facilities and subsequent reimbursement over time; (Ord. 2399, § 1, 9/16/2008)

(g) 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; (Ord. 2399, § 1, 9/16/2008)

(h) Provisions regulating the timing and schedule of development, for example, provisions providing that construction shall be commenced within a specified time, and that the project or project phase be completed within a specified time. (Ord. 2399, § 1, 9/16/2008)

(i) Provisions that address the applicable environmental review for the project. (Ord. 2399, § 1, 9/16/2008)

(j) Sufficient information to establish that the project is consistent with the County’s general plan, certified local coastal program, community plan, specific plan, and/or area plan and with existing State and Federal laws and regulations. (Ord. 2399, § 1, 9/16/2008)

(k) A faithful performance bond or other security where deemed necessary by the County in an amount County deems sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and requirements of the development agreement; (Ord. 2399, § 1, 9/16/2008)

(l) An appeal process for resolution of disputes regarding the County’s administrative interpretation of the development agreement that is acceptable to the County Risk Manager and County Counsel; (Ord. 2399, § 1, 9/16/2008)

(m) A clause, in a form acceptable to the County Risk Manager and County Counsel, that requires the developer to defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action or proceeding against the County or its agents, officers, and employees arising from or in connection with the development agreement, including actions that require the County to defend any part of the development agreement and including a challenge based on an assertion that the California Environmental Quality Act has not been complied with; (Ord. 2399, § 1, 9/16/2008)

(n) Provisions pertaining to the obligations of the developer and the status of land use entitlements approved with respect to the property which is the subject of the development agreement in the event of termination of the development agreement, whether the termination be based on mutual consent or a finding of noncompliance with the development agreement. (Ord. 2399, § 1, 9/16/2008)

(o) Provisions that address the enforceability of the agreement including provisions for the payment of attorneys fees and costs and other remedies in the event that enforcement is necessary. (Ord. 2399, § 1, 9/16/2008)

(p) A provision indicating that the obligations imposed by the agreement constitute “covenants running with the land” and that the burdens and benefits bind and inure to all estates and interests created in the subject property and to all “successors-in-interest” of the original parties. (Ord. 2399, § 1, 9/16/2008)

(q) Standard contract clauses, such as, without limitation: (Ord. 2399, § 1, 09/16/2008)

(1) A clause describing the parties,

(2) A legal description of the property,

(3) Provisions relating to assignment,

(4) Provisions for amendment of the agreement,

(5) Provisions for termination of the agreement,

(6) Provisions relating to default,

(7) Clauses incorporating or implementing this Chapter and Government Code Section 65864 et seq., as may be periodically amended, which clauses may include, without limitation, subjects such as periodic compliance review and enforcement; (Ord. 2399, § 1, 9/16/2008)

(r) Such other provisions as the Director may recommend and the Board of Supervisors may deem appropriate. (Ord. 2399, § 1, 9/16/2008)