A.
Prior to the construction of any improvements within the subdivision, the subdivider shall deposit with the Director of Finance either cash, certified check, surety bond or equivalent approved by the City Commission to insure the installation of such improvements required by this chapter and conditioned that such deposit shall be irrevocable and set aside for the improvements required under this chapter in the subdivision for which the plat has been prepared. The subdivider making such deposits as above provided shall enter into an agreement with the City of Royal Oak covering such improvements, and such agreement shall provide the time of installation, the method of paying for the cost of said improvements and any other provision necessary to the protection of the City of Royal Oak.
B.
The only claim the subdivider shall have to the deposit under this agreement shall be after the installation of all required improvements and on certification by the City Manager, and upon approval of the City Commission, that all required improvements in said subdivision have been completed, or when partial installation is complete in accordance with the progressive installation clause of this chapter. In the event the deposit is not sufficient to pay the total cost for said improvements, the subdivider shall be liable for the difference between said deposit and total improvements costs. The above agreement shall provide that the deposit shall be the unconditional and irrevocable guarantee for the installation of said improvements and on the condition that in the event the subdivider fails to install said improvements in accordance with said agreement, such deposit shall be forthwith surrendered, delivered, transferred and assigned to the City of Royal Oak for the express purpose of paying the cost of installation of such improvements in said subdivision.