(a) The subdivider shall prepare and submit a development agreement, in form approved by the City Solicitor, which establishes a legal agreement between the subdivider and the City for performance of all commitments made with regard to the subdivision improvements and for compliance with all applicable regulations.
(b) The primary purpose of the development agreement shall be to formally contract for those requirements, conditions, and schedules which are specific to the subject subdivision. A secondary purpose is to confirm a mutual understanding and commitment to comply with all requirements and conditions applicable to all subdivisions.
(c) Failure to refer, within the development agreement, to any applicable regulation shall not absolve subdivider of the responsibility for compliance.
(d) The development agreement shall contain or have attached to it any items appropriate for the specific subdivision and as determined by the City Solicitor.
(1) Commitment for construction of all required improvements at the expense of the subdivider.
(2) Estimated cost of improvements.
(3) Commitment to comply with all applicable laws and regulations, including any conditions established by Council in approving the subdivision.
(4) Proposed timing and phasing of construction of improvements.
(5) Performance guarantees; commitment to provide maintenance guarantee as required by this chapter.
(6) Payment of all required fees and deposits.
(7) Indemnification of the City. The subdivider shall agree to indemnify, defend and hold harmless the City from and against any and all liabilities, claims, causes of action (including negligence), fines, penalties, and expenses of any nature that arise, allegedly arise, or are caused by the subdivider or the subdivider's independent contractors, employees, or agents. The indemnification shall survive the final completion of the subdivision and expiration of any guarantees.
(8) Commitment to provide clear title to public rights-of-way proposed for dedication in the final plat.
(9) Commitment to provide as-built plans.
(10) Provisions for easements, perpetual maintenance of common property, homeowners' association, and other provisions necessary to ensure the future use, operation, maintenance, and control of the areas of the subdivision as approved.
(11) Methods for amending this agreement.
(12) Enforcement provisions.
(13) Other items deemed necessary by the City Solicitor to ensure the timely construction of the subdivision and its improvements and to promote and protect the interests of the City.
(Ord. 2-2004. Passed 2-23-04.)