21.44.070 Agreement for deferment of frontage improvements.
When deemed necessary by the City Engineer, the frontage improvements along existing peripheral streets may be deferred for subdivisions of four or less parcels. 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. Construction of said improvements shall commence within ninety days of the receipt of the notice to proceed from the City.
B. That in event of default by the owner, their successors or assignees, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the owner, their successors or assignees, including interest from the date of notice of said cost and expense until paid.
C. That their agreement shall be recorded in the office of the Recorder of Alameda County, California, at the expense of the owner and shall constitute notice to all successors and assignees of the title to said real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.
D. That in event of litigation occasioned by any default of the owner, their successors or assignees, the owner, their successors or assignees agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against said real property.
E. That the term "owner" shall include not only the present owner but also their beneficiaries, successors, executors, administrators, and assignees, it being the intent of the parties hereto that the obligations herein undertaken shall run with said real property and constitute a lien there against.
The agreement shall not relieve the owner from any other requirements specified herein. The constriction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of the Municipal Code in effect at the time of construction. (Ord. 5793-NS § 2 (part), 1987)