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(a) With the exception of Transfer Maps, which are governed by Sections 1712.1 and 1751.1(c) hereof, the Public Improvements for subdivisions of five or more parcels which are not otherwise required to be completed prior to recordation of a Final Map, shall be completed by the Subdivider within the time specified in an Improvement Agreement which is consistent with the Project Documents and City Regulations.
(b) With the exception of Transfer Maps, which are governed by Sections 1712.1 and 1751.1(c) hereof, the completion of Public Improvements for subdivisions of four or fewer parcels which are not otherwise required to be completed prior to recordation of a Parcel Map or Final Map may be deferred until a permit or other grant of approval for the development of any parcel within the subdivision is applied for, unless the completion of the Public Improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area, in which case the Improvement Agreement shall specify a time for completion. This finding shall be made by the Director, after consultation with appropriate City Agencies. If any required Public Improvements are not completed at the time of recordation of a Parcel Map or Final Map for four or fewer parcels, an Improvement Agreement is required pursuant to Section 1751. The specified date for completion of the Public Improvements, when required, shall be stated in the Improvement Agreement. Public Improvements shall be completed in accordance with the Improvement Agreement.
(c) No Public Improvements shall be required to be completed in connection with Transfer Maps. For all other subdivisions, only on-site Public Improvements and those off-site Public Improvements necessary to provide connections to the on-site improvements and those Public Improvements required by the Project Documents shall be required.
(d) Completion dates may be extended by the Director according to the following procedures:
(1) The Subdivider must request an extension in writing, stating adequate evidence to justify the extension, by letter to the Director. The request shall be made not less than 30 days prior to expiration of the Improvement Agreement. The Director may grant such extensions, subject to the terms of the Improvement Agreement, provided, however, that if TIDA has extended the completion date pursuant to the Project Documents, including, without limitation, by reason of Excusable Delay as defined in the DDA, the Director shall approve the extension, which extension may be subject to conditions set forth in Section 1751.1(d)(2) hereof.
(2) The Director may condition approval of an extension agreement upon the following:
(i) Revised improvement construction estimates to reflect current improvement costs as approved by the Director;
(ii) Increase of improvement securities in accordance with revised construction estimates;
(iii) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund; and
(iv) Conditions that the Director deems necessary to assure the timely completion of Public Improvements.
(3) If authorized by the Director, the Subdivider shall enter into an Improvement Agreement extension ("Extension Agreement") with the City. The Extension Agreement shall be approved by the Director and the City Attorney, and executed by the Director, the Subdivider.
(4) The costs incurred by the City in reviewing and processing the Extension Agreement shall be paid by the Subdivider at actual cost.
(e) Should the Subdivider fail to complete the Public Improvements within the specified time, or correct all deficiencies within the time specified for completion, the City may, by resolution of the Board of Supervisors and at its option, cause any or all uncompleted Public Improvements to be completed and all uncorrected deficiencies to be corrected, and the Subdivider and parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
(f) As-Built Plans. Upon completion of the Public Improvements, the Subdivider shall submit to the Director a reproducible set of as-built Improvement Plans.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)