In this subtitle the following words have the meanings indicated. “Agreement” means a development rights and responsibilities agreement negotiated and executed by the County Executive or the County Executive’s designee, with the approval of the district council, to establish conditions for advancing school capacity. “Developer” means a person with a legal or equitable interest in real property located in Prince George’s County. “Development” means any activity that materially affects the existing condition or use of any land or structure. “Development” does not include normal agricultural activity.

A developer or developer’s representative may petition the County Executive to request that an agreement be executed.

Except as provided under subsection (b) of this section, the County Executive may: negotiate agreements with a developer for real property located in the county; include a federal, State, or local government or unit as an additional party to the agreement; and execute an agreement. The County Executive may not enter into an agreement unless: the agreement is approved by the district council; and the county planning board determines that the proposed agreement is consistent with the Commission’s general plan.

The district council may: establish procedures and requirements for the consideration and execution of agreements, including provisions for negotiation and approval in accordance with this subtitle; and approve agreements negotiated by the County Executive. The district council shall require a public hearing before approving an agreement.

An agreement executed by the County Executive takes effect without any further action by the district council.

An agreement shall include: a description of the real property subject to the agreement; the parties involved; the specific purposes of the agreement; the duration of the agreement; a physical description and location of the structures and supporting facilities and features on the real property; a description of all anticipated permits required or already approved for the development of the real property; provisions for the construction or financing of adequate public facilities for schools; a statement that the proposed development is consistent with: the Commission’s general plan; and all applicable development laws and regulations; and a description of the requirements determined by the county planning board to be necessary to ensure the public health, safety, and welfare. An agreement may: establish the terms by which and a period of time when development, or individual phases, shall begin and be completed; and provide for other matters in accordance with this division.

Except as otherwise provided in the agreement or extended by amendment under § 25–509 of this subtitle, an agreement is void 15 years after execution by the parties. Any extension to an agreement is subject to approval by the district council.

The laws, rules, regulations, and policies in force at the time the parties execute an agreement shall govern the use, density, or intensity of development of the real property subject to the agreement unless the district council or State or federal government determines that compliance with laws, rules, regulations, and policies enacted after the parties executed the agreement is essential to ensure public health, safety, or welfare.

The parties to an agreement may amend the agreement by mutual consent if the district council: approves any substantive amendment; and determines that the proposed amendment to the agreement is consistent with the Commission’s general plan.

The parties to an agreement may terminate the agreement by mutual consent. If the County Executive determines that suspension or termination of an agreement is essential to ensure the public health, safety, or welfare, the County Executive may suspend or terminate the agreement.

An agreement shall be recorded in the land records of Prince George’s County. If an agreement is not recorded as required under paragraph (1) of this subsection within 30 days after its execution by all parties, the agreement is void. When an agreement is recorded under subsection (a) of this section, the parties to the agreement and their successors in interest are bound to the agreement.

Unless terminated under § 25–510 of this subtitle, an agreement may be enforced by the parties to the agreement or their successors in interest using all remedies available at law or in equity. No right to an administrative appeal arises from the negotiation or enforcement of an agreement.