(A) If, at the time of approval of the final map by the Board of Supervisors, any public improvements required pursuant to this chapter have not been completed and accepted in accordance with this chapter, the subdivider shall be required, as a condition precedent to the approval of the final map, to enter into an agreement with the county to complete the improvements at the subdivider’s expense. The improvement agreement shall be prepared by the County Engineer in the format approved by the County Counsel.
(B) The agreement shall provide for the following:
(1) Construction of all improvements required pursuant to § 23.17.003, including any required off-site improvements, according to the approved plans and specifications on file with the County Engineer;
(2) Completion of improvements within the time specified by § 23.17.011;
(3) Right of the county to modify plans and specifications and to require the subdivider to pay for modifications;
(4) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;
(5) County’s right to inspect and payment of inspection fees in accordance with the Board of Supervisors’ resolution or resolutions establishing such fees;
(6) Payment of in-lieu fees for undergrounding of utilities on peripheral streets;
(7) Improvement security as required by § 23.17.009;
(8) Maintenance and repair of any defects or failures and their causes;
(9) Warranty of improvements constructed;
(10) Release and indemnification of the county from all liability incurred in connection with the development and payment of all reasonable attorneys’ fees that the county may incur because of any legal action or other proceeding arising from the development;
(11) Any other deposits, reimbursements, fees or conditions as required by County Engineer; and
(12) Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code.
(1966 Code, § 17-70) (Ord. 617, § 2(part))