The required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall provide for the following:
A. The agreement shall be acceptable to the city engineer and city attorney;
B. Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer;
C. in the event of default by the subdivider or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the subdivider or successors. including interest from the date of notice of the cost and expense until paid;
D. The agreement shall be recorded with the county recorder, at the expense of the subdivider, and shall constitute:
1. Notice to all successors of title to the real property of the obligation; and
2. A lien in an amount to fully reimburse the city, including interest as outlined above, subject to foreclosure in the event of default in payment.
E. In the event of litigation caused by a default of the subdivider or successors, the subdivider or successors agree to pay all costs involved, including reasonable attorneys fees, which shall become a part of the lien against the real property;
F. The term "subdivider" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and
G. Other provisions deemed necessary by the city engineer. The agreement shall not relieve the subdivider from any other specific requirements of the subdivision map act or this article.
(Ord. 182 § 2 (part), 1997)