Whenever any developer of commercial, industrial or residential land desires or finds it necessary to construct sanitary sewage facilities, water distribution facilities, storm drainage facilities and streets at his own expense before connection with, delivery to and operation by the city, such developer shall, before securing a building permit, enter into a developer's agreement with the city. (1973 Code § 13.76.010)
The development agreement entered into shall contain, but need not be limited to, the following provisions:
A. Preconstruction delivery by the developer to the city of the plans and specifications, with an appropriate stamp by a professional engineer, for sewer system, water system, storm drainage system and streets, prior to construction; and the governing standards for such plans and specifications.
B. Inspection requirements.
C. Conveyance of necessary property rights, including, but not limited to, water lines, sewer lines, drainage systems, roads which are to be used as public roads and any necessary easements.
D. Notice of when construction commences.
E. Control over execution of construction contracts.
F. State and county construction licenses and permits.
G. Testing of systems requirements and provisions for reimbursement of the city for expenses arising out of the agreement.
H. Warranty bond for repairs necessary within two (2) years from the date of acceptance arising from faulty labor, workmanship or materials.
I. Indemnity and hold harmless clause.
J. Provision that the developer be an independent contractor.
K. Limitation on assignment of the agreement.
L. Provision for charges, taxes and future assessments applicable to the property.
M. Waiver clause.
N. Certification of the consulting engineer/city engineer as a prerequisite for connection to the city sewer or water lines and acceptance of streets.
O. Submission of monies expended to perform construction.
P. Agreements regarding easements and servitudes.
Q. Change and correction requirements. (Ord. 750, 3-8-2001)
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