Only a qualified candidate can request a development agreement. A qualified applicant is a person, including an authorized representative, who has a legal or fair interest in the property that is the subject of the development agreement, provided that, in all cases, the owner of the royalty right of the property participates in the declaration or that the development contract is subject to the conclusion of the fiduciary ownership of the property to the developer. The City Manager may require an applicant to be able to prove his or her interest in the property and the power of a representative to act for the applicant. The qualified applicant and potential interest holders are referred to as “developers.” Professor Selmi, for example, has a lot of concerns about the introduction of contract law into the public process. As a lawyer, this introduction would be monstrous for Selmi, as contract law was never designed to address the relationship between state land use and planning with private developers. Contracts are between two parties and are generally held privately. Finally, as a public, we do not know about contracts between private companies such as banks. But the two parties in a city-developer relationship are contextually very different from two private companies. 2.
the requirement for the city to exercise its legislative or quasi-jurisdictional powers in a certain way; A. Submission by the owner. An application for a development contract can only be made by a person with a legal or fair interest in real estate. If the property is located on the communal territory in the area of influence of the city, the contract will only come into force if the procedure of annexation of the land to the city is completed within the deadline set by the agreement. If the annexation is not completed within the allotted time, the agreement is invalid. 1) Any person posted on the last balanced valuation role as a property owner within a 300-foot radius of the property under the proposed development agreement; H. Error when receiving a notification. The omission of a person entitled to receive a legal notification or this chapter does not affect the City`s authority to enter into a development contract. 2.
A statement that the city may amend or terminate the contract if, as a result of such an audit, the Planning Board or City Council finds, on the basis of essential evidence, that the applicant or successor to the agreement has not complied in good faith with the terms of the contract. 3. An amendment to an existing development agreement. (1641 No. 2, 2001) C. Determination. If the Planning Board finds, on the basis of essential evidence, that the applicant or the interest applicant has not complied with the contractual terms in good faith, it may recommend an amendment or termination to the City Council. On the basis of substantial evidence that the applicant or successor did not comply with the terms of the contract in good faith, the City Council may amend or terminate the contract.
[p. 65866.] (1641 No. 2, 2001) B. Indication. In accordance with Sections 65090 and 65091 of this section, the Planning Officer intends to conduct an audit in accordance with Sections 65090 and 65091. In addition, at least 10 days before the oral proceedings, the planning officer informs anyone with a legal or fair interest in the property subject to the agreement. Finally, development agreements (at least in California) must remain in line with a general plan adopted and be reviewed annually to ensure that the terms of the agreement are met. Otherwise, the city may terminate or amend the contract (California government code 65865.1 and code 65867.5).
As a representative democracy, the city council is a representative of the public.