§ 4-318. Acceptance of platted streets or improvements.

Under circumstances referenced in this Land Development Code, the city council will accept platted streets or improvements for continuous maintenance; provided that, upon such acceptance, the developer shall:

(1)

Post an assurance of maintenance of improvements document in the amount of 25 percent of the cost of installing all approved and/or dedicated improvements;

(2)

Assume the primary responsibility and duty to maintain all city-approved and/or dedicated improvements in the area to be developed for the one-year period, including the responsibility for the cost of any required repairs other than those caused by normal wear and tear;

(3)

Indemnify, protect, defend, and hold harmless the city from all claims which arise or may arise as a result of or due to the failure of the developer to carry out or perform its primary responsibility and duty to maintain all approved and/or dedicated improvements in the area to be developed; and

(4)

Execute a memorandum of understanding acknowledging the conditions in this section and reciting the specific circumstances giving rise to the waiver provision.

(Ord. No. 05-536, § 303.14B, 12-20-2005)