In exchange for these benefits, the municipality can negotiate impact reduction and require a nuanced project phase as well as the date of certain public improvements. With the right gift and the right catch, a development contract can work well for both the community and the developer. Development agreements allow municipalities a wider margin of appreciation to allow development. Therefore, development agreements can be a double-edged sword; Depending on the situation and the political objectives of the municipality, they can be used to accelerate or hinder development. F. Liability. The development contract contains a clause stating that any breach of the development contract by the city will only result in damages under national contract law and does not create any liability under Chapter 64.40 rcW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. The city may consider and enter into a development contract with owners of real estate located within the city or with persons who control real estate within the city if the owners of such real estate execute an authorization for real estate subject to and related to the development contract. In this chapter, the term “owner” includes both the owner of the property and the person who controls the property. According to RCW 36.70B.170, the performance of a development contract is a proper exercise of the city`s police and contractual authority. A development contract must define the development standards and other provisions applicable to the development, use and reduction of the development of the property for the duration defined in the agreement, which govern and transfer them.
The City Council`s decision to approve or reject an application for a development contract is a proper exercise of police and contract powers and is a discretionary act. [15-0395 § 1 (att. A); 12-0347§ 1 (att. D.L In the context of RCW 82.02.020, the word “voluntary” means precisely that the promoter has the choice either to bear (1) the reasonably necessary costs, directly attributable to the promoter`s project, or to lose the provisional authorisation (2). The fact that the developer`s decisions may not be between perfect options does not make the agreement under the law “involuntary.” (2) When considering the equivalence of the suffix P and the specific regulations on district overlapping, account should be taken of the scale and scale of the proposed development. .