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Ord 2542
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Ord 2542
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Last modified
10/15/2024 10:03:05 AM
Creation date
10/15/2024 10:02:43 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Regular
Agency Type
City Council
Date
10/14/2024
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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C <br />REV: 09-17-24 VR <br />Page 35 of 65 <br />subsection A of this Section (Subdivision Improvement Agreement) at a minimum. Where <br />public improvements are required, improvement plans, engineering calculations, and cost <br />estimates shall be submitted and approved by the City Engineer prior to acceptance of a <br />final map or parcel map for filing. <br />C. Deferred improvement agreements. The City may allow subdivision improvements to be <br />deferred until a later date in accordance with Government Code Section 66411.1. When <br />deferment is allowed, the subdivider shall enter into a deferred improvement agreement in <br />a form acceptable to the City Engineer and City Attorney for installment of all deferred <br />improvements at a specified later time. Deferred improvement agreements shall comply <br />with the following requirements: <br />1. The subdivider shall begin construction of improvements within a date mutually <br />agreed upon in writing. <br />2. In the event of a default by the subdivider, the City is authorized to have <br />construction done and charge the entire cost and expense to the subdivider, <br />including interest from the date of notice of the cost and expense until paid. The <br />interest rate shall be consistent with the requirements of Article 15, Section 1 of the <br />California State Constitution. <br />3. The City shall record the agreement with the County Recorder and shall constitute <br />notice to all successors and assignees of title to the real property of the obligations <br />specified in the agreement. <br />4. The agreement shall constitute a lien in a sufficient amount necessary to fully <br />reimburse the City, including interest, subject to foreclosure in the event of a default <br />in payment. The obligations under the agreement shall run with the property and <br />constitute a lien against it. <br />5. In the event of litigation caused by default of the subdivider, the subdivider agrees <br />to pay all costs involved, including reasonable attorneys’ fees. Those costs shall <br />become a part of the lien against the real property. <br />6. The construction of deferred improvements shall conform to the City standard <br />plans and specifications and all applicable City ordinances and regulations in effect <br />at the time of construction. <br />D. Remainder parcels. <br />1. For a designated remainder parcel, the subdivider may enter into an agreement <br />with the City to construct improvements prior to future City approval of development <br />on the remainder parcel. The improvements shall be at the subdivider’s expense.
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