1. SUBDIVISIONS OF 4 OR LESS PARCELS
The frontage improvements may be deferred when deemed appropriate by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent similar improvements. 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. 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 90 days of the receipt of notice to proceed from the City;
C. In the event of default by the owner or successors, the City is authorized to cause the construction to be done and charge the entire cost and expense to the owner or successors, including interest from the date of notice of the cost and expense until paid;
D. This agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors of title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment;
E. In event of litigation caused by any default of the owner or successors, the owner 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 "owner" 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. Any other provisions deemed necessary by the City.
The agreement shall not relieve the owner from any other specific requirements of the Map Act or this Development Code.
2. REMAINDERS
Where remainders are made part of a final or parcel map, the subdivider may enter into any agreement with the City to construct improvements within, and along exterior boundaries of the remainder at a future date and prior to the issuance of a permit or other entitlement for development of a remainder parcel. The improvements shall be at the subdivider's expense. In absence of an agreement, the City may require completion of the construction improvements within a reasonable specified time following approval of the final or parcel map upon a finding that completion of the improvements is necessary for the following reasons:
A. The public health and safety; or
B. The required construction is a mandatory prerequisite to the orderly development of the area.