A. 
Subdivision of Four or Less Parcels. The frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral will be allowed when the city engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city. The agreement shall provide for the following:
1. 
The agreement shall be acceptable to the city engineer and city attorney;
2. 
Construction of required improvements shall begin within ninety days of the receipt of notice to proceed from the city;
3. 
In the event of default by the owner or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the owner or successors, including interest from the date of notice of the cost and expense until paid in addition to such costs and expenses incurred by the city in the administration of this chapter;
4. 
This agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors of title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the city, including interest as above, subject to foreclosure in event of default in payment;
5. 
In event of litigation caused by any default of the owner or successors, the owner or successors agree to pay all costs involved, including reasonable attorneys' fees, which shall become a part of the lien against the real property;
6. 
The term "owner" shall include not only the present owner but also heirs, successors, executors, administrators and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it; and
7. 
Any other provisions deemed necessary by the city.
The agreement shall not relieve the owner from any other specific requirements of the Map Act or this Municipal Code.
B. 
Remainders. Where remainders are made part of a final or parcel map, the subdivider may enter into an agreement with the city to construct improvements within, and along exterior boundaries of the remainder at a future date and prior to the issuance of a permit or other entitlement for development of a remainder parcel. The improvements shall be at the subdivider's expense. In absence of an agreement, the city may require completion of the construction improvements within a reasonable specified time following approval of the final or parcel map upon a finding that completion of the improvements is necessary for the following reasons:
1. 
The public health and safety; or
2. 
The required construction is a mandatory prerequisite to the orderly development of the area.
(Ord. 08-01 §1, 2008)
Improvement plans shall be prepared by a registered civil engineer licensed by the state of California, and shall include, but not be limited to, all improvements required in this chapter.
A. 
Form and Content. The form, content and supporting data of an improvement plan shall conform to the requirements of the city engineer.
B. 
Review and Approval by City Engineer. The subdivider shall submit the preliminary improvement plans and all supporting data to the city engineer for review. The subdivider shall revise the improvement plans until in final form as deemed by the city engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this Municipal Code, the subdivider shall transmit the original set of improvement plans to the city engineer for final review and signature. The originals shall be retained by the city.
C. 
Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any error, omission or any deficiency resulting from the design or from any required conditions of approval of the tentative map.
(Ord. 08-01 §1, 2008)
A. 
By Subdivider. Requests by the subdivider for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing to the city engineer and shall be accompanied by revised drawings showing the proposed revision(s). If found acceptable and consistent with the approved ten-tative map, the amended originals shall be initialed by the city engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the city engineer.
B. 
By City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and safety, or as field conditions may require, a request shall be made to the subdivider. The subdivider shall revise the plans and transmit the original(s) to the city engineer for initialing within the time specified by the engineer. Construction of all, or any portion of, the improvements may be stopped by the city engineer, in compliance with this Municipal Code, until the revised drawings have been submitted, approved and initialed.
(Ord. 08-01 §1, 2008)
Upon approval by the city council, the improvement agreement shall be prepared and signed by the mayor or, in the absence of the mayor, the presiding official of the Waterford city council and approved as to form by the city attorney. The agreement shall provide for the following:
A. 
The period within which the subdivider shall complete the improvement work to the satisfaction of the city engineer, failing which city may complete the work and recover the cost thereof from the subdivider and his or her improvement security including any additional costs incurred by the city in the enforcement and administration of these provisions.
B. 
Inspection of all improvement work by the city engineer and provision for payment to the city for the cost thereof.
C. 
The agreement may also provide for the construction of improvements in units, for extensions of time for performance of the agreement, and for progress payments to the subdivider or his or her order from cash deposits which the subdivider may have made as improvement security; provided, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work provided. No progress payments from cash deposits shall be made except upon certification by the city engineer that the work covered thereby has been satisfactorily completed and upon approval and authorization by the city council.
D. 
That the subdivider shall file with the improvement agreement improvement security in accordance with the provisions of Sections 16.12.050 and 16.12.060.
(Ord. 08-01 §1, 2008)
A. 
Improvement Security Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.
B. 
Special Assessment Proceeding—Reduction. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the city council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The city council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title.
C. 
The subdivider shall pay all costs associated with the formation of the special assessment district but may be reimbursed from the debt proceeds as approved by the city and where such costs were provided for in the budget, and funded, of the district's formation.
D. 
The subdivider shall also file with the aforesaid agreement, to insure his full and faithful performance thereof, a bond in an amount deemed sufficient by the city engineer, to cover the cost of said improvements, engineering, inspection and incidental expenses. Such bond shall be executed by a surety company authorized to transact a surety business in the state of California and must be satisfactory to and be approved by the city attorney as to form. In lieu of said bond the subdivider may deposit with the city clerk a sum of money in an amount fixed as aforesaid by the city engineer.
E. 
In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title, and the city shall have to complete same or if the subdivider shall fail to reimburse the city for the cost of inspection, engineering, and general expenses, the city shall call on the surety for reimbursement. If the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the city, it shall release the remained of such bond or cash deposit and should such bond or deposit be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.
F. 
No extension of time, progress payments from cash deposits or release of surety bond or cash deposit shall be made except upon certification by the city engineer that work covered thereby has been satisfactorily completed and upon approval of the council.
(Ord. 08-01 §1, 2008)
A. 
The subdivider shall file security to guarantee completion of public and private improvements with the improvement agreement as follows:
1. 
A faithful performance security in an amount deemed sufficient by the city engineer to cover up to one hundred percent of the total estimated cost of all required improvements including city administration and management costs, bonding requirements for grading as outlined in this Municipal Code and other related costs;
2. 
A labor and material security to cover up to fifty percent of the total estimated cost of all required improvements;
3. 
A grading security;
4. 
A monumentation security in an amount stipulated by the city engineer to cover the cost of placing lot corners and other related monuments; and
5. 
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the city may reduce the improvement security of the subdivider by an amount corresponding to the amount of the security furnished by the contractor.
B. 
Security may be one of the following types subject to the approval of the city attorney as to form and listed on the California State Department of Insurance Surety List:
1. 
Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in California, identified as a surety company admitted to transact surety insurance in California on the state of California Department of Insurance Surety List and annual Surety List Update together with an "A" policy holder's rating and a financial rating of at least "V" in compliance with the current "Best's" ratings. The bond(s) shall contain the nearest street address of the institution providing the bond(s).
2. 
Cash Deposit. In lieu of the faithful performance, labor and material bonds, the subdivider may submit cash deposits or negotiable bonds of a kind approved for securing deposits of public monies under the conditions hereinafter described.
3. 
Disbursements from cash deposits shall be made in compliance with a separate agreement between the subdivider and the city. A bookkeeping fee of one percent of the total amount deposited with the city for each cash deposit shall be submitted with each security. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by the manager upon recommendation of the city engineer and public works director.
C. 
Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the subdivider may submit a letter of credit subject to the California Commercial Code and under the conditions hereinafter described. The letter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the state of California or federal government, in a form, tent, and duration as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become secured trust funds for the purposes set forth in the instrument. The letter of credit shall contain the nearest street address of the institution providing the instrument.
D. 
The city clerk shall not endorse or sign its certificate contained on the final map unless and until improvement security as herein above specified has been posted.
E. 
The requirements stipulated above are applicable to any parcel map for which the installation of any public improvements or grading is a condition of approval.
F. 
No final or parcel map shall be presented to the council for acceptance until the requirements of this section have been met and until all charges established by the council and pertaining to the property being subdivided have been paid.
(Ord. 08-01 §1, 2008)
A. 
Should the subdivider desire to do certain work prior to entering into an agreement with the city to install and complete all subdivision improvements and alteration work prior to recording a final map, the subdivider may make an application to do so under a special permit.
B. 
This application shall be accompanied by detailed plans, describing the work which is proposed.
C. 
The director and city engineer may issue a special permit to the subdivider upon submittal of an application, provided security has been posted in an amount which would insure the rehabilitation of the land, including grading, planting and costs for bidding and administration, in the event the subdivision map does not record. All costs shall reflect an estimate of all city costs which shall include state requirements for payment of prevailing wage on all construction and construction related contract services.
D. 
The security and contractor's qualifications shall be in compliance with this section. When the special permit is for all work required in connection with the subdivision and the work has been completed and inspected prior to map recordation, an improvement agreement will not be required.
(Ord. 08-01 §1, 2008)
Progress payments may be made to the subdivider from any deposit money or letter of credit which the subdivider may have made in lieu of providing a security bond; provided, however, that no progress payment shall be made for more than ninety percent of the value of any installment of work. No progress payments from cash deposits shall be made except upon certification by the city engineer, and the subdivider that work covered thereby has been completed.
(Ord. 08-01 §1, 2008)
Improvement Security Release. The improvement security required hereunder shall be released in the following manner:
A. 
Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of this title;
B. 
No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.
(Ord. 08-01 §1, 2008)
The subdivider shall guarantee all public improvements for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising during that period of limitation outlined in Code of Civil Procedure Sections 337 and 337.15, as a result of the acts or omissions of the subdivider, its agents, or employees.
A. 
The subdivision guarantee shall be backed by a bond or cash deposit in the amount of not less than ten percent or more than fifty percent of the surety posted for improvements based on the circumstances of the improvement and the determination of the city engineer.
B. 
The city shall provide written notice of the defect or deficiency.
C. 
In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the city may cause the work to be performed and call on the surety for reimbursement of all costs incurred including, but not limited to, procurement, additional engineering, administrative, legal work, etc.
D. 
The maintenance security shall be submitted prior to final acceptance of the public improvements by the city.
(Ord. 08-01 §1, 2008)
In the event that subdivider fails to complete all improvement work in compliance with the provisions of this section and the improvement agreement, and the city shall have to complete the same, the city shall call on the security for funds necessary to complete the improvement, including all applicable costs, as reimbursement or shall appropriate from any cash deposit funds for reimbursement.
A. 
If the amount of any security shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.
B. 
Any cash remaining in the possession of the city after completion of the improvement, shall be returned to the originator less all direct engineering, legal or project related costs and indirect city administrative costs.
(Ord. 08-01 §1, 2008)
A. 
The construction methods and materials for all subdivision improvements shall conform to city requirements.
B. 
Construction shall not commence until all required improvement plans have been reviewed by the public works director approved by the city engineer and all applicable city permits have been issued. All subdivision improvements are subject to inspection by the city engineer and shall comply with city requirements.
(Ord. 08-01 §1, 2008)
A. 
All Submissions. The subdivision improvements shall be completed by the subdivider within twelve months, or a later time as approved by the city engineer, not to exceed a total of twenty-four months, from final map recordation, unless an extension is granted by the council.
If the subdivider fails to complete the subdivision improvements within the specified time limits, the council may, by resolution, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all estimated city direct engineering, legal or project related costs and indirect city administrative costs.
B. 
Extensions. The completion date may be extended by the council upon written request by the subdivider and submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the council for consideration. If approved by the council, the city clerk shall execute the agreement on behalf of the city.
In consideration of a subdivision improvement agreement extension, the following adjustments may be required:
1. 
Revision of improvement plans to provide for current design and construction standards when required by the city engineer;
2. 
Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;
3. 
Increase of improvement securities in compliance with revised construction estimates;
4. 
Inspection fees may be increased to reflect current construction costs, but shall not be subject to any decrease or refund; and
5. 
Any fees then in effect.
The council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of subdivision improvements.
(Ord. 08-01 §1, 2008)
After all improvement deficiencies have been corrected and drawings of record, improvement plans filed, the completed subdivision improvements shall be considered by the city engineer for acceptance. The developer shall be responsible for the cost of providing as built revisions to the approved original drawings of record on file in the office of the city engineer. Redlined drawings shall not be accepted for as built revisions. Electronic drawings may also be required at the option of the city.
A. 
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
B. 
Upon written report of the subdivider, the city engineer may accept a portion of the subdivision improvements. The improvements shall only be accepted if the city engineer and public works director finds that it is in the public interest, and the improvements are for the use of the general public.
C. 
Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this Municipal Code.
(Ord. 08-01 §1, 2008)