§ 18.40.010. Improvement agreement.

Any act or obligation required as a condition of the approval of a subdivision final map, a parcel map waiver, lot merger, or lot line adjustment which has not been completed prior to a final approval shall be guaranteed by execution of a suitable agreement in a form prescribed herein and approved by the city attorney. The agreement shall include the following minimum terms and conditions:

A. Construction of all improvements per the approved plans and specifications.

B. The maximum period within which all improvements shall be completed to the satisfaction of the city engineer.

C. In the case of a deferred improvement agreement for any final map, designated remainder parcel, parcel map waiver, lot line adjustment, or lot merger, said agreement shall provide for the commencement of the construction of all required improvements within ninety days of receipt of a notice to proceed from the city upon a finding by the city engineer that fulfillment of construction requirements is immediately necessary for the reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

D. Provisions for inspection of all improvement by the city engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement.

E. A provision that, if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of said cost and expense until paid.

F. That in event of litigation occasioned by any default of the owner or subdivider, his successors, or assigns, the owner or subdivider, his successors, or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against said real property.

G. The agreement shall bind not only the present owner, subdivider, or developer, but also his heirs, successors, executors, administrators, and assigns so that the obligations run with said real property.

H. All agreements shall be executed by the owner, developer, or the subdivider of the property or land being divided, with all signatures acknowledged before a notary public. Where required by the city attorney, said agreement shall be recorded in the office of the county recorder at the expense of the owner, subdivider, or developer.

I. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.

(Ord. 82-3-889 § 1 (part))