The subdivider shall warrant and guarantee that the improvements provided for hereunder and every part of this title, will remain in good condition for a period of two (2) years after the date of the intermediate inspection release, and agrees to make all repairs to and maintain the improvements and every part thereof in good condition during the time with no cost to the City. The subdivider shall agree that the determination for necessity of repairs and maintenance of the work rests with the City Engineer and City inspector. His decision upon the matter shall be final and binding upon the subdivider, and the guarantee required shall extend to and include, but shall not be limited to, the entire street base, and all pipes, joints, valves, backfill and compaction, as well as the working surface and curbs. At the expiration of two (2) years from intermediate inspection and release, provided that the City Engineer finds the required improvements in good condition, the bond or funds held in escrow shall be released in writing by the City Council and the Council shall accept such improvements in behalf of the City for perpetual maintenance. If the condition of material or workmanship shows unusual deterioration or does not comply with acceptable standards of durability, the Council shall require the subdivider to repair or replace the faulty facility to an approved standard. If the subdivider shall fail to perform as directed, the Council shall declare the subdivider to be in default. The subdivider shall be required to guarantee the improvements by posting a bond, escrow agreement or irrevocable letter of credit as provided for in section 16.32.030
of this chapter. (Ord. 2024-06: Ord. 89-003 § 9)