The commission, upon recommendation of the administrator, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the property owner/developer to enter into an improvement agreement by which the property owner/developer covenants to complete all required public improvements no later than two years following the date on which the final plat is signed. The commission may also require the property owner/developer to complete and dedicate some required public improvements prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The owner shall covenant to maintain the required public improvements for a period of one year following the acceptance by the city of all required public improvements and shall provide a warranty that all required public improvements will be free from defect for a period of two years following such acceptance by the city. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner/developer and the city. Nothing in this section shall nullify the city’s obligation to participate in the construction of oversize facilities.

The city shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the city for oversize costs as provided in article XII. Upon the recommendation of the city engineer, the planning and zoning commission shall authorize the approval of such agreement as meeting the requirements of the city, and the city shall not withhold approval as a means of avoiding compensation due under the terms of this chapter.

The improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs and assignees of the property owner/developer. The improvement agreement shall be recorded in the land records of the county. All existing lienholders shall be required to subordinate their liens to the covenants contained in the improvement agreement.

Whenever the city permits a property owner/developer to enter into an improvement agreement, it shall require the owner to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the city, a letter of credit, as security for the promises contained in the improvement agreement. In addition to all other security, for completion of those public improvements where the city participates in the cost, the owner shall provide a performance bond from the contractor, with the city as a co-obligee. Security shall be in an amount equal to 115 percent of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the city attorney.

If the commission authorizes the property owner/developer to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:

As portions of the public improvements are completed in accordance with the standard specifications and the engineering plans, the developer may make application to the city engineer or his designee to reduce the amount of the original letter of credit. If the city engineer or his designee is satisfied that such portion of the improvements has been completed in accordance with city standards, he may (but is not required to) cause the amount of the letter of credit to be reduced by such amount that he deems appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining public improvements.

Upon the dedication of and acceptance by the city of all required public improvements, the city shall authorize a reduction in the security to ten percent of the original amount of the security if the property owner/developer is not in breach of the improvement agreement. The remaining security shall be security for the owner’s covenant to maintain the required public improvements and the warrant that the improvements are free from defect for two years thereafter. The city will release the entire amount of the developer security if the required security for maintenance and warranty is provided by the contractors or by others.

Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default.

Suspend final plat approval until the public improvements are completed.

Obtain funds under the security and complete the public improvements itself or through a third party.

Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision or addition for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete the public improvements on the tract.

Renegotiate the terms of the agreement.

Exercise any other rights available under the law.

The preliminary plat shall be completed to the requirements of the commission at the time of approval.

All required contract documents shall be completed and filed with the city engineer.

All necessary off-site easements or dedication required for city maintained facilities, not shown on the final plat must be conveyed solely to the city, with proper signatures affixed. The original of the documents, and filing fees as determined by the engineering department, shall be returned to the engineering department prior to approval and release of the engineering plans.

All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the engineering department. These plans shall remain on the jobsite at all times.

A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the city engineer.

All applicable fees must be paid to the city.

“As-builts” shall include a complete set of drawings of the paving, drainage, water, sanitary sewer, and other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat, and all changes made in the plans during construction and containing on each sheet an “as-built” stamp bearing the signature of the engineer and the date.

One complete set of microfilmed “as-built” drawings shall be provided in the form of 35mm silver negative originals along with three complete sets of diazo copies. The microfilmed originals and copies shall be provided on 31/4-inch by 71/2-inch aperture cards. Each aperture card shall have the addition name, phase, date, labeled as “as-built,” description of the sheet contents, sheet number as it appears on the original set of “as-built” plans and card numbers typed on each card in the same form and shown in Appendix A.

The engineer or surveyor shall also furnish a copy of the final plat and engineering plans, if prepared on a CADD system, in such a format that is compatible with the city’s CADD system.

When such requirements have been met the city engineer, on behalf of the city, shall thereafter accept the public improvements for dedication in accordance with the established procedure. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the city for use and maintenance. The city engineer may, at his decision, accept dedication of a portion of the required public improvements, if the remaining public improvements are not required for health and safety reasons and the owner has posted a performance bond letter of credit or cash bond in the amount of 115 percent of the estimated cost of those remaining improvements for a length of time to be determined by the city engineer. Upon acceptance of the required public improvements, the city engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.

Building permits may be issued for nonresidential and multifamily (apartments) development provided that a preliminary plat is approved by the city and construction plans have been released by the city engineer. Building construction will not be allowed to surpass the construction of fire protection improvements.

The city engineer may authorize residential building permits for a portion of a subdivision, provided that a preliminary plat has been approved and all public improvements have been completed for that portion of the development, including but not limited to those required for fire and emergency protection. Notwithstanding, no lot may be sold or title conveyed until a final plat approved by the city has been recorded.

Conditional building permits, conditional occupancy permits and temporary utility service may be permitted by the administrator in accordance with section 84-411(c)(5).