Legal Development Rules Template

LEGAL DEVELOPMENT RULES TEMPLATE

THIS LEGAL DEVELOPMENT RULES TEMPLATE (the "Rules") is made and entered into as of the Effective Date: by and between Authority Name: ("Authority") and Developer Name: ("Developer").

RECITALS

WHEREAS, the Authority exercises regulatory jurisdiction over land use, subdivision, and site development within the Territory of and administers standards applicable to new development; and

WHEREAS, Developer proposes to design, construct and operate the project commonly known as Project Name: (the "Project") and seeks clarity on procedural, design and compliance requirements; and

WHEREAS, the parties desire to establish binding development rules to govern application, review, approval, construction, inspection and enforcement for the Project and similarly situated developments to ensure public health, safety and welfare.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

Unless otherwise specified, capitalized terms used in these Rules shall have the following meanings: "Application" means any submitted plan, permit or request for approval required by the Authority; "Approved Plan" means plans signed by the Authority that authorize construction; "Territory" means the jurisdiction identified in Section 1 and recitals. Terms defined elsewhere in a contemporaneous approval document shall control that specific approval.

2. SCOPE AND APPLICABILITY

These Rules apply to the Project and to any subsequent modifications, phases or ancillary improvements for which a development application is filed after the Effective Date. The Authority may apply the Rules to similarly situated developments within the Territory when consistent with applicable ordinances and lawful authority.

3. DEVELOPMENT STANDARDS AND DESIGN REQUIREMENTS

Developer shall design and construct the Project in accordance with the Approved Plans and the design standards set forth in this Section. Minimum building setback: . Maximum building height: . Landscaping, screening, lighting and signage shall conform to the design guidelines contained in the Development Standards attachment and any conditions of approval.

4. PERMIT APPLICATION AND APPROVAL PROCESS

Prior to commencement of any work, Developer shall submit a complete Application including construction drawings, technical studies, and evidence of financial security as required herein. The Authority's initial completeness review period shall be calendar days. Substantive review periods, conditions for resubmittal, and final approval criteria are specified in the Authority's administrative procedures and the applicable conditions attached to the Approved Plan.

5. FEES, SECURITY AND FINANCIAL ASSURANCES

Developer shall pay all application, review and inspection fees in the amounts and at the times required by the Authority. Application fee: . Performance security in the form of a bond, letter of credit or cash escrow shall be provided in the amount of: to secure completion of public improvements.

6. INSPECTIONS, COMPLETION AND ACCEPTANCE

The Authority shall have the right to inspect the Project at reasonable times. Developer shall notify the Authority at least days prior to required inspections. Final acceptance of public improvements shall be conditioned upon satisfactory completion, submittal of as-built drawings, and demonstration that all work conforms to the Approved Plan and these Rules.

7. MODIFICATIONS, AMENDMENTS AND VARIANCES

Any material modification to an Approved Plan shall require a written amendment executed by both parties and approval by the Authority. Minor variances may be approved administratively where strict compliance would cause undue hardship and the modification would not materially impair public health, safety or welfare.

8. ENFORCEMENT AND REMEDIES

The Authority may withhold approvals, suspend permits, issue stop-work orders or pursue other administrative enforcement for noncompliance. In addition to injunctive relief, the Authority shall be entitled to recover reasonable costs and attorneys' fees incurred to achieve compliance. Daily penalty for unresolved violations: .

9. INDEMNIFICATION AND INSURANCE

Developer shall indemnify, defend and hold harmless the Authority and its officials, employees and agents from and against any claims, liabilities, losses or expenses arising out of Developer's performance under these Rules, except to the extent caused by the Authority's gross negligence or willful misconduct. Developer shall maintain insurance coverage with limits not less than: and provide certificates evidencing such coverage prior to issuance of any permit.

10. RECORDS, REPORTING AND RETENTION

Developer shall maintain complete project records, inspection reports, certifications and as-built drawings. Records shall be retained for a period of years following final acceptance and shall be made available to the Authority upon reasonable request.

11. NOTICES

All notices, demands and communications required or permitted under these Rules shall be in writing and delivered to the addresses and contacts set forth below or to such other addresses as either party may designate by written notice to the other.

12. GOVERNING LAW; VENUE

These Rules shall be governed by and construed in accordance with the laws of the State of . Venue for any action arising under these Rules shall lie exclusively in the appropriate state or federal court located within that State.

13. ENTIRE AGREEMENT; SEVERABILITY

These Rules constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior negotiations, representations or agreements, whether written or oral. If any provision of these Rules is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect to the extent permitted by law.

14. WAIVER; AMENDMENT; COUNTERPARTS

No waiver of any provision of these Rules shall be effective unless in writing and signed by the party waiving the right. These Rules may be amended only by a written instrument signed by both parties. The parties may execute these Rules in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

15. MISCELLANEOUS PROVISIONS

The obligations and liabilities set forth in these Rules shall survive termination or expiration of any permit or approval to the extent necessary to effectuate the purposes of these Rules, including warranty periods for improvements and obligation to correct latent defects.

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