1. The subdivider shall furnish, install and construct the Public Improvements (water and wastewater systems and the street and drainage facilities) necessary for the proper development of the Subdivision.
2. All such facilities shall be designed and constructed in accordance with the City’s Engineering Criteria Manual, and any other standards, specifications, and drawings as may be hereafter adopted, approved by the City Council and placed on file in the office of the City Secretary.
 

B. Facilities Sizing.

1. Where considered necessary by the City Engineer, the facilities shall be sized in excess of that required by this UDC or the Engineering Criteria Manual to provide for future growth and expansion.
2. The City Council shall have the authority to participate in the cost difference between the cost of the facility as sized by the City Engineer and the cost of the facility as sized per the requirements of this UDC or the Engineering Criteria Manual.
3. See § UDC-3.05.02C, Rough Proportionality and Fair Share Policy Statement for more details.

C. Improvement Agreement.

1. An Improvement Agreement is required when the City participates in the cost of any Public Improvements.
2. Improvement Agreements shall be based upon the requirements of this UDC, and shall provide the City with specific authority to complete the Public Improvements required in the Improvement Agreement in the event of failure by the developer, and to recover the full costs of such measures.
3. The Improvement Agreement shall be a legally binding agreement between the City and the Subdivider and shall specify the individual and joint responsibilities of both the City and the Subdivider.

D. The Improvement Agreement shall contain:

1. As appropriate, provisions for pro rata payments, City participation in community facilities, escrow deposits or other payments for future facilities, variances granted to this chapter, and other particular aspects of the proposed Subdivision;
2. Authority for the City to withhold building permits, put a hold on construction and inspections in the event of breach by the Subdivider;
3. Provisions for financial security;
4. Insurance requirements in accordance with the City’s requirements for public works projects; and
5. An indemnification clause by which the Subdivider shall agree to hold the City harmless against any claim arising out of the proposed Subdivision or any actions taken therein.

E. The City Council may approve one or more forms for Improvement Agreements, which the City Manager may execute on behalf of the City. In the event of a disagreement between the City staff and the Subdivider concerning stipulations of the Improvement Agreement, the Subdivider may request City Council approval of alternative provisions.