A. After the latecomer agreement has been signed by all parties and all necessary permits and approvals, including a public facilities construction permit, have been obtained, the applicant shall construct the improvements and, upon completion, request final inspection and acceptance of the improvements by the city, subject to any required obligation to repair defects. All construction, inspection and testing shall conform to the city’s design and construction standards.

B. Within 120 days of completion of construction, the developer shall provide the city with documentation of the actual costs of the improvements and a certification by the applicant that all of such costs have been paid. The final cost of the improvements shall be reviewed against the preliminary assessments established by the city. Upon a showing of good cause, the agreement shall be modified to include cost overruns up to a maximum of 10 percent. In the event that actual costs are less than the public works director’s estimate by 10 percent or more, the public works director shall recalculate the charges, reducing them accordingly. For any revisions under this section, the public works director shall cause a revised list of charges to be recorded with the Whatcom County auditor, with a notice to title on each property within the assessment reimbursement area.

C. After the requirements of subsections (A) and (B) of this section have been satisfied, the developer shall provide the city with an appropriate deed of conveyance or other equivalent written document transferring ownership of the improvements to the city, together with any easements needed to ensure the city’s right of access for maintenance of the improvements. Title to the improvements shall be conveyed to the city clear of all encumbrances.

D. No connection to, or other use of, the improvements will be allowed or permitted until the city has officially accepted the construction and title to the improvements has been conveyed to the city. [Ord. 2014-06-033].