Sec. 21-11-2. Improvement agreement.

(a) If, at the time of approval of the final map or parcel map, any public improvements required pursuant to the Subdivision Map Act or this chapter have not been completed and accepted in accordance with the applicable city standards, as a condition precedent to the approval of the final or parcel map, the subdivider shall execute an improvement agreement in a form approved by the city attorney whereby the subdivider is bound to construct, within a reasonable time specified therein and at subdivider’s expense, the required improvements. The improvement agreement shall provide for the following:
(1) Construction of all improvements, including any required off-site improvements, according to the approved plans and specifications on file with the city engineer;
(2) Completion of improvements within a time specified by the city;
(3) Right of the city to modify plans and specifications in writing to the subdivider;
(4) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
(5) Payment of inspection fees in accordance with the city adopted fee schedule;
(6) Improvement security as required by Article 13 of this chapter;
(7) A guarantee that the improvements will be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one year after the city council accepts the improvements as complete. The subdivider shall agree to repair any defect or replace a defective improvement which cannot be repaired, and which occurs within the one-year time period, at the subdivider’s expense. The subdivider shall provide security to ensure satisfactory repair of defects as provided in Section 21-13-2;
(8) A promise to pay for damage to public or private property resulting from or incidental to the construction of improvements;
(9) Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys’ fees that the city may incur because of any legal action or other proceeding arising from the development;
(10) Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer;
(11) Right of the city to withhold occupancy permits until completion of improvements;
(12) Any other provisions required by the city as reasonably necessary to carry out the Subdivision Map Act and this chapter.
(b) The executed improvement agreement shall be recorded with the county recorder and shall bind the subdivider’s successors-in-interest. The subdivider shall provide improvement security as provided by Article 13 of this chapter. (Ord. No. 1500, § 3 (part).)