16.44.070 Improvement agreements.
If the required improvements are not satisfactorily completed before the filing of either the final map or the parcel map, the subdivider and owners of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with the City, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, then the City may complete or have completed all specified improvements and be completely reimbursed for the same by the subdivider and owner of the subdivision. Any such improvement agreement shall be approved as to form by the City Attorney and shall at a minimum provide:
A. Construction of all improvements in accordance with the approved plans.
B. Completion of improvements within the time specified by SMC 16.44.080.
C. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties.
D. Payment of inspection fees in accordance with the City’s established fees and charges.
E. Maintenance and repair of any defects or failures and causes thereof for one year following acceptance of the improvements.
F. Improvement and warranty security.
G. Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorney’s fees that the City may incur because of any legal action or other proceeding arising from the development.
H. Payment of all required fees, including, without limitation, park dedication fee, traffic mitigation fees, etc.
I. Agreement to be financially responsible for all required City services provided to the subdivision’s residents prior to acceptance by the City.
J. Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this chapter.