10.666 Improvement Agreements.
If all of the required public improvements, as specified in the conditions of a land use approval, have not been satisfactorily completed before the application is filed for Final Plat, or building permit, the developer may enter into a written agreement (provided by the City) with the City in a form acceptable to the City Attorney specifying that within one (1) year (or such other period of time as agreed upon by the parties) all public improvement work shall be completed in accord with this code and the applicable approved improvement plans and specifications and that said developer shall warrant the materials and workmanship of said improvements in good condition and repair for an additional period of one (1) year from date of satisfactory completion and notification of same by the City. Said agreement shall in substance provide:
(1) That if the developer shall fail to complete said public improvements in accord with the terms of the agreement, the City may complete the same and recover full cost and expense thereof from the developer;
(2) For the inspection of all public improvements by the City Engineer and the reimbursement to the City of all costs of inspection;
(3) For the indemnification of the City, its councilmembers, officers, boards, commissioners and employees from claims of any nature arising or resulting from the performance of any acts required by the City to be done in accord therewith;
(4) As a consideration for the foregoing and any other provisions of said agreement, the City agrees to accept the said public improvements including any easements in which they lie at such time as the developer has fully complied with all the terms of said agreement and has satisfactorily completed his one (1) year warranty period. In addition to the foregoing, said agreement may contain such other and further terms, covenants, conditions or provisions as the parties agree upon.