(A) The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time in the future as required by the city. The agreement shall provide:
(1) Construction of the improvements shall commence within 90 days of the receipt of the notice to proceed from the city.
(2) That in event of default by the owner, his or her successors, or assigns, the city is authorized to cause the construction to be done and charge the entire cost and expense to the owner, his or her successors, or assigns, including interest from the date of notice of the cost and expense until paid.
(3) That this agreement shall be recorded in the office of the Recorder of the County at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the city, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.
(4) That in event of litigation occasioned by any default of the owner, his or her successors, or assigns, the owner, his or her successors, or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property.
(5) That the term
OWNER shall include not only the present owner but also his or her heirs, successors, executors, administrators, and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with the property and constitute a lien there against.
(B) The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable subchapters of the Municipal Code in effect at the time of construction.
('61 Code, § 10-2.703.1) (Ord. 252 C.S., passed 8-3-81)