10-10-8 Development Agreement

The applicant and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The applicant shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the SCPUD. B. A clause stating that if the final plat is not recorded with nine (9) months following approval of the development, said development approval is void and the applicant must begin the application, review and approval procedures over again. C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. D. Acknowledgement of provisions required in 10-10-5:E of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner’s association (HOA) prior to any occupancy permits are issued. The owner/applicant shall constitute a pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The applicant will provide to the city, covenants, conditions, and restrictions (CC&Rs) of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the SCPUD, which may require either an amendment to the final development plan or a conditional use permit. 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA. 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the applicant and be operated with financial subsidization by the applicant, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from applicant to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: 1. Maintenance of all irrigation or outside water systems in the SCPUD. 2. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 3. Maintenance of private streets, parking lots, sidewalks, and other items described in the CC&Rs. H. Acknowledgement that city utility billings, and any other city-issued billings, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the SCPUD. I. Acknowledgement that all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. A description of the required security of performance. K. Details of the development plan identifying the timeline and completion of required open space amenities. Information regarding the security of performance set by the city engineer ensuring the completion of said amenities shall also be included. L. Other documents that the city deems necessary to carry out the intent of this title.