The city may considered and enter into a development agreement for a development located within its jurisdiction, including the areas located within the water and sewer intergovernmental service area agreement with Polk County, Florida.

Where applicable, definitions of words used in the development agreement shall be as for those contained in F.S. § 163.3221.

A.

Before entering into, amending, or revoking a development agreement, one public hearing shall be held by the local planning agency for recommendations to the city commission and one public hearing shall be held by the city commission.

B.

Notice of intent to consider a development agreement shall be advertised no less than seven days before each public hearing in a newspaper of general circulation within the city.

C.

Notice of intent to consider a development agreement shall be mailed to all affected property owners prior to the public hearing before the local planning agency. The day, time and place at which the second hearing will be held, shall be announced at the first public hearing.

D.

The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify that a copy of the proposed agreement may be obtained from the office of the city clerk in city hall between the hours of 8:00 a.m. and 5:00 p.m.

A.

A development agreement shall include the following:

1.

A legal description of the land subject to the agreement, the names of it's legal and equitable owners, and a title opinion of an attorney licensed in Florida or a certification by an abstracter or a title company showing that the record title to the land as described is in the name of the person, persons, corporation, or entity party to this agreement;

2.

The duration of the agreement;

3.

The development uses permitted on the land, including population densities, and building intensities and height;

4.

A description of the public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

5.

A description of any reservation or dedication of land for public purposes;

6.

A description of all development permits approved or needed to be approved for the development of the land;

7.

A finding that the development permitted or proposed is consistent with the city comprehensive plan and Land Development Regulations;

8.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the city for the public health, safety, or welfare of its citizens; and

9.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restriction.

A.

The duration of a development agreement shall be normally five years, but shall not exceed ten years, but may be extended by mutual consent of the city and the developer, subject to reporting requirements and to a public hearing before the city commission in accordance with section 163.3225.

B.

No development agreement shall be effective or be implemented by the city unless the comprehensive plan and any plan amendments implementing or related to the agreement are found to be in compliance with state law by the department of community affairs.

A development agreement and authorized development shall be consistent with the city comprehensive plan and Land Development Regulations.

A.

The city comprehensive plan and Land Development Regulations in effect at the time of execution of the development agreement shall govern the development of the land for the duration of the development agreement.

B.

The city may apply subsequently adopted comprehensive plan amendments and amended provisions of the Land Development Regulations to a development that is subject to a development agreement only if the city commission has held a public hearing in accord with section 163.3225 and determined;

1.

They are not in conflict with the comprehensive plan and Land Development Regulations governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

2.

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

3.

They are specifically anticipated and provided for the development agreement;

4.

The city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement;

5.

The development agreement is based on substantially inaccurate information supplied by the developer.

The city shall review land subject to the development agreement a minimum of every 12 months from date of adoption to determine if good faith compliance with the terms of the development agreement has been demonstrated. If there has been a failure to comply with the agreement, the city commission may revoke or modify the agreement. For each annual review conducted during years six through ten of a development agreement, the review shall be incorporated into a written report which shall be submitted to the parties to the agreement and to the department of community affairs.

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

The development agreement shall be recorded with the Polk County Clerk of Court within 14 days after the adoption of the agreement and a copy of the recorded development agreement shall be sent to the Department of Community Affairs within 14 days after the agreement is recorded. A development agreement shall not become effective until it is recorded with the Polk County Clerk of Court and until 30 days after having been received by the department of community affairs. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state of federal laws.