(A) Improvement agreement. The agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:
(1) Construction of all improvements per the approved plans and specifications.
(2) Completion of improvements within the time specified by § 154.148 of this chapter.
(3) Right by city to modify plans and specifications.
(4) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties.
(5) Payment of inspection fees in accordance with the city's resolution establishing fees and charges.
(6) Payment of in-lieu fees for undergrounding of utilities on peripheral streets; proof of public utility deposits; payment of in-lieu fees for park land dedication.
(7) Improvement security as required by this subchapter.
(8) Maintenance and repair of any defects or failures and causes thereof.
(9) Release of the city from all liability incurred by the development and payment of all reasonable attorney's fees that the city may incur because of any legal action arising from the development.
(10) Provide certificates of insurance for Workman's Compensation, public liability and property damage.
(11) Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the City Engineer.
(B) Construction agreement.
(1) In the event that the subdivider elects to construct the improvements prior to signing of the map by the City Engineer and submittal to Council, the subdivider shall enter into a construction agreement providing for all items enumerated in division (A) of this section, except subsection (7) regarding improvement security. In addition, the construction agreement shall specify that the subdivider shall not sell any lots in the subdivision, nor shall a map thereof be recorded, until such time as the complete work of improvement has been accepted by the city, or in the alternative, the subdivider has furnished such surety and payment bonds, and in such amounts as are then acceptable to the City Engineer for any work remaining to be done that is incomplete, and provides such assurance as may be required by the city that the cost of all completed work has been paid or that payment for such work is otherwise guaranteed.
(2) Upon acceptance of the improvements, warranty security shall be provided in accordance with § 154.146(D) of this chapter.
('63 Code, § 10-4.807) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 710-C.S., passed 3-20-07)