Sec. 25-60. - Improvement agreements.

If the improvement works required pursuant to this chapter are not satisfactorily completed before the filing of the final map, the owner(s) of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with county, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, the county may complete all specified improvements and be completely reimbursed for such improvements by the owner of the subdivision. In addition, no permit for development shall be issued for subdivisions for which a parcel map is required until the construction of off-site or on-site improvements has been completed or, pursuant to an agreement between the subdivider and the county has been satisfactorily secured as provided below. Any such improvement agreement shall be approved as to form by county counsel and shall at a minimum provide:

(a)

Construction of all improvements per the approved plans;

(b)

Completion of improvements within two (2) years from approval of the final or parcel map. This completion date may be extended by the advisory agency as provided in this chapter;

(c)

Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

(d)

Payment of inspection fees in accordance with the county's established fees and charges;

(e)

Improvement security;

(f)

Maintenance and repair of any defects or failures and causes thereof;

(g)

Release of the county from all liability incurred by the development and payment of all reasonable attorney's fees that the county may incur because of any legal action arising from the development;

(h)

Engineer's certifications of approved construction.

Any such agreement may recognize and allow for the subdivider to seek to initiate and consummate proceedings under an appropriate assessment act for the financing and completion of the improvements so long as the subdivider remains responsible to construct the improvements at the subdivider's expense. Any agreement to construct or install off-site improvements on land in which the county does not have sufficient title or interest, shall be conditioned to require action at such time as the county obtains an interest in the land which will permit the improvements to be made. Any such agreement upon a reversion of the subdivision or a part thereof to acreage.