§ 9161.5. Agreement to Improve.

• A. In lieu of completing the improvements required by CMC § 9161.4(B) , the Director of Public Works may, subject to the approval of the City Council, require either of the following:

  • (1) An agreement to complete the required improvements, executed by the applicant or by any other responsible person; or

  • (2) A specific plan of phased development, executed by the applicant or by any other responsible person, which plan specifically provides for completion of the required improvements.

• B. The required improvements shall be completed within the time specified in the agreement to improve or in the specific plan; provided, however, that the Director of Public Works may grant such additional time for completion as may be deemed necessary if, in the determination of the Director, good and sufficient reasons exist for any such extension.

• C. Upon the failure of an applicant or other responsible person to complete any required improvement within the time specified in an agreement to improve or a specific plan, the City Council may, upon notice in writing of not less than ten (10) calendar days served personally upon the person, firm or corporation signing the agreement or specific plan, or upon notice in writing of not less than twenty (20) calendar days served by registered or certified mail, addressed to the last known address of the person, firm or corporation signing the agreement or

specific plan, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the City all or a portion of the improvement security given for the faithful performance of such improvement work, and may further cause to be negotiated any instrument of credit deposited with and assigned to the City in such amount as may be required to complete the improvement work.

• (Ord. 88-830 § 1)