(A) The subdivider shall be required to enter into an agreement with the city which will govern his or her subdivision if there are no pro rata payments, city participation and cost, escrow deposits or other future considerations, variances granted to this section or other nonstandard development regulation. This agreement shall be based upon the requirements of this section and shall provide the city with specific authority to complete the improvements required in the agreement in the event of failure by the developer and to recover the full legal cost of the measures. The city may subordinate the facilities agreement to the prime lender if provided for in the agreement.
(B) The facilities agreement shall be a legally binding agreement between the city and the developer specifying the individual and joint responsibilities of both the city and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this section best served for each particular subdivision. The facilities agreement may stipulate pro rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, variances granted to this section and other particular aspects of the development. The developer shall include in the agreement a hold harmless indemnity clause agreeing to hold the city harmless against any claim arising out of this developer’s subdivision or any actions taken therein.
(2005 Code, § 13-1-18) (Ord. passed 4-21-2005)