16.44.090 Deferred improvement agreements.
A. Subdivisions of Four or Fewer Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City, in form acceptable to the City Engineer and City Attorney, for the installation of all frontage improvements at a time in the future as specified by the City. The City Clerk shall execute the agreement on behalf of the City. The agreement shall provide for the following:
1. Construction of improvements shall commence within 90 days of the receipt of the notice to proceed from the City and shall be completed within the time specified by SMC 16.44.080.
2. That in the event of a default by the subdivider and/or owner, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of such cost and expense until paid.
3. That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the City, including interest as provided above, subject to foreclosure in the event of a default in payment.
4. That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property.
5. That the terms “subdivider” and “owner” include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.
6. Any other improvement security as required by SMC 16.44.100.
7. Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the State Subdivision Map Act and this code.
The agreement shall not relieve the subdivider or owner from any other specific requirements of the State Subdivision Map Act, this code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable chapters of this code in effect at the time of construction.
B. Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider’s expense. In the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.