Chapter 13.12
DEVELOPER’S AGREEMENT
Sections:
13.12.010 Generally.
Whenever any developer of commercial, industrial, or residential land, desires or finds it necessary to construct certain sanitary sewage facilities, water distribution facilities, storm drainage facilities and streets at his own expense before connection with, delivery to and operation by the city, such developer shall, before securing a building permit, enter into a developer’s agreement with the city. A predesign conference shall first be held and thereafter a developer’s agreement shall be entered into which shall contain but need not be limited to the following matters:
A. Preconstruction delivery by the developer to the city of the plans and specifications for sewer system, water system, storm drainage system and streets, prior to construction and the governing standards for such plans and specifications;
B. Inspection requirements;
C. Conveyance of easement;
D. Notice requirement of commencement of construction;
E. Control over execution of construction contracts;
F. State and county construction licenses and permits;
G. Testing of systems requirement and provision for reimbursement of the city for expenses arising out of the agreement;
H. Warranty bond for repairs necessary within one year from the date of acceptance arising from faulty labor, workmanship or materials;
I. Indemnity and hold harmless clause;
J. Provision that the developer is an independent contractor;
K. Limitation on assignment of the agreement;
L. Provision for charges, taxes and future assessments applicable to the property;
M. Waiver clause;
N. Certification of the consulting engineer or public works director as a prerequisite for connection to the city sewer or water lines and acceptance of streets;
O. Submission of moneys expended to perform construction;
P. Agreement as easement and servitude;
Q. Change and correction requirements. (Ord. 1859 § 80, 2014; Ord. 607 § 1, 1981).
13.12.020 Execution.
The developer’s agreement shall be executed by a developer presently constructing any sanitary sewage facility, water distribution facility, storm drainage facility, or street at his own expense prior to connection with, delivery to, or operation by the city. (Ord. 607 § 2, 1981).
13.12.030 Fees.
Fees for permit review, processing, inspection and compliance review shall be as provided in FMC 3.80.010. (Ord. 1929 § 4, 2016; Ord. 1802 § 8, 2012; Ord. 1416 § 2, 2000; Ord. 1366 § 6, 1999; Ord. 607 § 3, 1981).
13.12.040 Exemptions.
For the purpose of this chapter the terms “developer” and “developer’s agreement” shall not apply to construction of two or less single-family residences by a single individual. (Ord. 607 § 4, 1981).