§ 142-37. Facilities agreement.

(a)

A subdivider shall be required to enter into an agreement with the city, which shall govern his subdivision if there are pro rata payments, city participation in cost, escrow deposits or other future considerations, other nonstandard development regulations or if all improvements required to be dedicated to the city will be not completed prior to filing the record plat, minor plat, minor replat, or final plat in the county records.

(b)

This agreement shall be based upon the requirements of this chapter, and shall provide the city with specific authority to complete the improvements required in the agreement in the event of default by the subdivider, and to recover the full legal costs of such measures. The city may subordinate its facilities agreement to the prime lender if provided for in said agreement.

(c)

The facilities agreement shall be a legally binding agreement between the city and the subdivider specifying the individual and joint responsibilities of both the city and the subdivider. Unusual circumstances relating to the subdivision shall be considered in the facilities agreements such that the purpose of this chapter is best served for each particular subdivision. The subdivider shall include in such an agreement a hold harmless and indemnity clause agreeing to hold the city harmless against any claim arising out of the subdivider's subdivision of the property or any actions taken therein.

(d)

The city delegates to the director of engineering the ability to approve standard facilities agreements. In the event of a disagreement between the subdivider and the director of planning or the director of engineering concerning stipulations of the facilities agreement, the city council shall review said stipulations and make recommendation for resolving the disagreement.

(e)

The subdivider shall have a continuing responsibility under this facilities agreement after the filing of the record plat, minor plat, minor replat, or final plat with the county until all facilities and improvements required under this facilities agreement have been completed. When the construction of required improvements has proceeded to the point that certain parts of the subdivision are adequately served, the director of engineering may release specified portions of the subdivision for use prior to the completion of all improvements, unless the release of such improvements will jeopardize or hinder the continued construction of required improvements. Any facilities agreement shall remain in force for all portions of the subdivision for which a release has not been executed.

(f)

The city shall impose a fee for filing facilities agreements with the county. The amount of the filing fee shall be an amount as specified in appendix A of the Code of Ordinances which may be amended from time to time by ordinance.

(Ord. No. 2008-08-077, § 1, 8-5-2008; Ord. No. 2008-09-093, § 18, 9-16-2008; Ord. No. 2018-04-028, §§ 6, 7, 4-3-2018)