(a) As part of any major subdivision or any development that requires the installation of public utilities, a subdivider or applicant will be required to enter into developer's agreement. Such agreement shall be submitted as part of the improvements plan and shall include, at a minimum:
(1) The timing of the construction of public improvements, including estimates for inspections;
(2) Estimated costs and fees, as required by this code including, but not limited to, pavement guarantees, and inspection fees;
(3) Financial guarantee agreements, including the length of the guarantee;
(4) Protection requirements for existing street, utilities, and other installations;
(5) That the applicant will hold the City free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or her cost and expense, any suit or action brought against the City by reason thereof, until the improvement has been accepted by the City;
(6) That in the event of any violation of or noncompliance with any of the provisions and stipulations of the agreement, the City may stop the work forthwith and complete or cause the completion of such improvements according to the approved plat and agreement, and that in such event, the owner shall reimburse the City for any and all expenses incurred thereby; and
(7) Any additional information or requirements as deemed necessary by the City Engineer.
(b) The developer's agreement shall be approved as to content and form by the City's Law Director, with confirmation by the City Engineer, prior to approval of the final plat.
(Ord. 2024-032. Passed 7-22-24.)