§ 50-309. Legal status of development agreements.

(a)

The burdens of a 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.

(b)

The city's laws and policies governing the development of land in effect at the time of execution of a development agreement, including, but not limited to, all other ordinances comprising land development code under F.S. § 163.3202, as amended, shall govern the development of all land specified in the development agreement for its stated duration.

(c)

The city may only apply subsequently adopted laws and policies to then existing development agreements if, after a duly noticed public hearing the city council:

(1)

Determines that such laws and policies are specifically anticipated and provided for in a development agreement;

(2)

Determines that such laws and policies are not in conflict with the prior laws and policies governing existing development agreements; and do not prevent development of the land uses, intensities, or densities set forth in existing development agreements;

(3)

Determines that such laws and policies are essential to the public health, safety or welfare, and expressly state that they shall apply to existing development agreements;

(4)

Determines and demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of existing development agreements; or

(5)

Determines that certain development agreements were based upon substantially inaccurate information supplied by the owner/developer.

(d)

The provisions set forth in subsections (b) and (c) of this section do not abrogate any development rights that may vest pursuant to common law.

( Ord. No. 07-2014 , § 2(Exh. A), 10-14-14)

State law reference

Similar provisions, F.S. § 163.3233.