17.68.010 Legislative findings

The City Commission makes the following findings:

1. Required improvements installed in a timely manner protect the public health, safety, and welfare.
2. There may be instances where the installation of all required improvements is not possible, or desirable, prior to commencing construction of buildings.
3. To minimize the risk that the City would have to use public funds to install the required improvements subject to an improvement agreement, the amount of the financial security should be greater than the estimated installation cost to account for the administration of the agreement, pricing uncertainties, product availability, inflation, and other similar factors that may exist during the life of the agreement.

17.68.020 Purpose

This chapter is established to promote the public health, safety, and welfare and is intended to accomplish the following purposes:

1. ensure that the improvements needed to accommodate development projects are provided in a timely manner
2. ensure that land dedicated to the City is suitable and acceptable for the intended purpose

17.68.030 Nonconforming structures

1. Generally. Improvements shall be installed consistent with the schedule shown in Exhibit 68-1. For some of the improvements, it is possible to enter into an improvement agreement with the City consistent with this chapter.

Exhibit 68-1. Timing of Improvements
(Ord. 2950, 2007)

	Subdivisions		Non-Subdivision Projects
Improvement	“Completion prior to . . . ”	Improvement Agreement Allowable	“Completion prior to . . . ”	Improvement Agreement Allowable
Site grading - rough	Issuance of building permit	No	Issuance of building permit	No
Site grading - final	Issuance of building permit	No	Issuance of building permit	Yes
Potable water infrastructure	Issuance of building permit	Yes	Issuance of occupancy permit	No
Sewer infrastructure	Issuance of building permit	Yes	Issuance of occupancy permit	No
Landscaping	Issuance of occupancy permit	Yes	Issuance of occupancy permit	Yes
Screening	Issuance of occupancy permit	Yes	Issuance of occupancy permit	Yes
Street / alleys - base course	Issuance of building permit	Yes	Issuance of building permit	No
Street / alleys - pavement	Issuance of occupancy permit	Yes	Issuance of occupancy permit	Yes
Sidewalks	Issuance of occupancy permit	Yes	Issuance of occupancy permit	Yes
Parking	Issuance of occupancy permit	No	Issuance of occupancy permit	No
Lighting	Issuance of occupancy permit	No	Issuance of occupancy permit	No
Stormwater facilities	Issuance of building permit	Yes	Issuance of building permit	No

2. Uses not listed. For improvements not listed, improvement agreements may be used at the City’s discretion.
3. Exceptions. The City shall not enter into an improvement agreement when a delay in the completion of the improvement could present a tangible danger or hazard. In addition, the City may limit the number, type, and scope of improvements subject to the agreement and subsequent agreements.

17.68.040 Improvement agreements

1. City Attorney approval. The improvement agreement and form of financial security shall be satisfactory to the City Attorney.
2. Amount of security. The amount of the financial security shall be the total cost of the improvements subject to the agreement, as estimated by a registered professional engineer, or other qualified professional as appropriate, plus 35 percent. The City Engineer may require the developer to submit a second cost estimate from another source to verify the cost of the improvements.
3. Content. An improvement agreement shall contain the following:
   1. A list of all on-site and off-site improvements subject to the agreement.
   2. Detailed construction plans and cost estimates for the improvements subject to the agreement. A registered professional engineer shall prepare the plan and estimates for all work elements requiring engineering. Other professionals, as appropriate, shall prepare plans and estimates for those work elements not requiring engineering.
   3. A timetable for completing each of the improvements subject to the agreement.
   4. A description of the type of financial security used to secure the completion of the improvements subject to the agreement.
   5. A provision allowing the City to claim the financial security when the developer has not satisfactorily completed the improvements by the date specified in the agreement or has not otherwise complied with the terms of the agreement.
   6. The financial security shall be released in full only upon submission of as-built plans when required and written certification by a registered professional engineer, or other qualified professional, that the improvements have been installed in accordance with the development approval and other applicable provisions of this Title.
   7. A provision stating that the City may release a portion of the financial security in an amount equal to 135 percent of the estimated cost of the improvement that has been satisfactorily completed.
   8. A provision that the developer indemnifies, defends, and holds the City, its employees, agents and assigns harmless from and against any and all liabilities, loss, claims, causes of action, judgements and damages resulting from or arising out of the execution of the improvement agreement.
   9. A provision stating that if the developer has not satisfactorily completed the improvements by the date specified in the agreement, the City can use a portion of the security as reimbursement for time and expense in administering the installation and inspection of the improvements subject to the agreement,
   10. A provision stating that the City Engineer must inspect the improvements to verify compliance with the development approval and this Title before releasing the financial security, in whole or part.
   11. The term of the agreement.
   12. A provision allowing amendment with the written consent of all parties, provided the minimum requirements of this Title are satisfied.
   13. Any other provision deemed appropriate by the City to accomplish the purposes of this Title and to protect its interests.
4. Types of financial security. The following types of financial security may be acceptable:
   1. cash paid directly to the City Treasurer and held in a separate account
   2. an irrevocable letter of credit from an approved financial institution
   3. cash escrow held by the City or an approved escrow agent and subject to an executed escrow agreement
   4. bank assignment of funds
   5. performance bonds, at the discretion of the City Attorney

17.68.050 Dedication of improvements

1. Minimum standards. All improvements to be dedicated to the City shall meet the standards and requirements of this title, State law, and other standards and specifications the City may adopt.
2. As-built. Record drawings, meeting City specifications, shall be submitted for review and approval prior to acceptance.
3. Certification required. All improvements to be dedicated to the City shall be certified by a registered professional engineer prior to acceptance.
4. Lien release required. Lien releases from contractors, suppliers, and others as appropriate shall be submitted prior to acceptance. (Ord. 2950, 2007)

17.68.060 Dedication of land

For all land dedicated to the City, the City Commission shall affirm the dedication before it becomes effective. Prior to acceptance, the City shall ensure that all property taxes that have been levied and assessed have been paid proportionate to the amount of land being dedicated.