§ 1651.

IMPROVEMENT AGREEMENT

a.

General. This Section shall only apply to Public Improvements that have not been completed or conditions that have not been fulfilled prior to filing a Parcel or Final Map. An agreement (the “Improvement Agreement”) shall be approved by the Director, approved as to form by the City Attorney, and executed by the Director on behalf of the City. The Improvement Agreement shall be consistent with the Plan and Plan Documents and shall provide for:

1.

Construction of all Public Improvements required pursuant to the Plan, Plan Documents, this Code, and conditions imposed on the Tentative Map or Parcel Map consistent therewith, including any required off-site improvements, within the time specified by Section 1651.1;

2.

Satisfaction of conditions precedent to the transfer of title to the City of all land and improvements required to be dedicated to or acquired by the City, if the City elects to defer transfer of title until after the Public Improvements have been completed consistent with the Plan and Plan Documents, including any approved title exceptions as defined therein, which are or shall be specified herein;

3.

Payment of inspection fees in accordance with applicable City Regulations, consistent with the Plan and Plan Documents;

4.

Improvement security as required by Section 1670;

5.

Maintenance and repair of any defects or failures of the required Public Improvements, and to the extent feasible removing their causes, prior to acceptance of the Public Improvements by the City or Agency;

6.

Release and indemnification of the City from all liability incurred in connection with the construction and design of Public Improvements and payment of all reasonable attorneys’ fees that the City may incur because of any legal action or other proceeding arising from the construction, except release and indemnification disallowed under the SMA or any other State or federal law pursuant to the procedures provided in the SMA;

7.

Payment by Subdivider of all costs and reasonable expenses and fees, including attorneys’ fees, incurred in enforcing the obligations of the Improvement Agreement;

8.

Any other deposits, reimbursements, fees or conditions as required by City Regulations consistent with Plan and Plan Documents, and as may be required by the Director;

9.

Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the SMA and this Code in accordance with the Plan and Plan Documents.

b.

Any Improvement Agreement, contract or act required or authorized by the SMA or this Chapter for which security is required, shall be secured in accordance with Section 66499 et seq. of the SMA and Article 8 of this Division.

History

(Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

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