Turlock Municipal Code Art. 2 Deferred Improvement Agreements

The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

(a) That the construction of such improvements shall commence within sixty (60) days after the receipt of the notice to proceed from the City;

(b) That in the event of default by the owner or his successors or assigns, the City is authorized to cause such construction to be done and charge the entire cost and expense to the owner, or his successors or assigns, including interest from the date of the notice of such costs and expenses until paid;

(c) That the agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as set forth in subsection (b) of this section, subject to foreclosure in the event of default in payment;

(d) That in the event of litigation occasioned by any default of the owner, or his successors or assigns, the owner, or his successors or assigns, agrees to pay all costs involved, including reasonable attorneys' fees, and that such costs shall become apart of the lien against the real property; and

(e) That the term "owner" shall include not only the present owner but also his heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this title and all applicable sections of this Code in effect at the time of construction.

Where remainders are made a part of a final map or parcel map, the subdivider shall enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that the fulfillment of the construction requirements is necessary for reasons of:

(a) The public health and safety; or

(b) The required construction is a necessary prerequisite to the orderly development of the surrounding area.