A. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter.
B. The improvement agreement, and acknowledged abstractthereof, shall be complete, and on file with the public works director before the final map or parcel map is accepted for filing. The term of each improvement agreement, filed pursuant to the provisions of this section, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions therein, to the satisfaction of the public works director.
C. The agreement shall include the following provisions as minimum terms and conditions of the agreement:
1. Mutually agreeable terms to complete all required improvements at the subdivider's expense;
2. A provision that the subdivider shall comply with all requirements of these regulations, of the city code, and of other applicable laws, and with all terms and conditions of required improvement permits;
3. A statement indicating a period of time, satisfactory to the Public Works Director, within which the subdivider shall complete all improvement work;
4. 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 the subdivider's 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;
5. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of twelve (12) months after the improvements have been accepted by the public works director;
6. Provision for the inspection of all improvements of the subdivision by the public works director for a period of twelve (12) months after said improvement acceptance date;
7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the city in enforcing the agreement;
8. A description of all lands within the exterior boundaries of the subdivision.
D. Additional agreement provisions. The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map, or as are determined necessary by the director to carry out the intent and purposes of these regulations.
1. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;
2. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider's expense;
3. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate security in the manner prescribed by this title, and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to this title;
4. Provision for reimbursement to be paid the subdivider under the provisions of the Subdivision Map Act;
5. A provision that the subdivider shall provide to the city, prior to the filing of the final map, letters from each utility company guaranteeing to install the public utilities necessary to serve the subdivision.
(Ord. 2591 (part))