This chapter establishes standards for the submittal and approval of final maps.\
(Ord. 539 § 1, 2011)
A.
Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if:
B.
In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any portion of such tentative map.
C.
Each such final map shall be given a separate subdivision number and all of the requirements for approval of a final map shall apply to approval of such final map filed on a portion of an approved or conditionally approved tentative map, and the subdivision agreement required of the subdivider shall provide for the construction of such improvements as may be necessary to constitute a logical and orderly development of the whole subdivision.
(Ord. 539 § 1, 2011)
A.
The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in accordance with the approved tentative map, the provisions of this title and the Subdivision Map Act.
B.
The final map shall be based on an accurate survey of the land and conform with the Land Surveyor's Act, except when the final map is for the purpose of effecting a reversion to acreage.
(Ord. 539 § 1, 2011)
A.
Material. The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
B.
Size. The size of each sheet shall be 18 inches by 26 inches.
C.
Margin. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.
D.
Scale. The scale of the map shall be large enough to show all details clearly with enough sheets used to accomplish this end. In no case shall the scale be greater than one inch equals 100 feet nor less than one inch equals 50 feet.
(Ord. 539 § 1, 2011)
A.
Numbered Sheets. The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown by a small key map on the first sheet.
B.
Basic Information. Each map sheet shall show the name of the engineer or surveyor, the date of the survey, north point, written or graphic scale and other information as necessary.
C.
Location Map. A location map relating the subdivision to the general layout of the City shall be placed on the first map sheet, rather than the certificate sheets.
D.
Title and Subtitle. The title of each sheet of such final map shall consist of the approved name and unit number of the tract, if any, at the lower right corner of the sheet, followed by the words "City of Live Oak." Maps filed for the purpose of reverting to acreage for previously subdivided land shall be conspicuously marked with the words "Reversion to acreage." The title sheet shall also contain a subtitle giving a general description of the property being subdivided by reference to maps which have been previously recorded, or by reference to the plat of any United States survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original record thereof and reference to book and page of record must be complete.
E.
Basis of Bearings. The final map shall show the basis of bearings.
F.
Coordinate System. Wherever the City Engineer has established a system of coordinates, the survey shall be tied into such system.
G.
Adjoining Lots. All adjoining lots shall be identified by lot, block and block numbers, subdivision name and place of record, or other proper designation.
H.
Subdivision Boundary. An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract and of each block when computed from field measurements on the ground shall close within a limit of one foot to 10,000 feet. The exterior boundary of the land included within the subdivision shall be indicated on the final map by distinctive symbols and be clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.
I.
Dimensions, Bearing and Curve Data. The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines thereon, including bearings and distances of straight lines, and central angle, radius and arc length of curves, and such information as may be necessary to determine the location of the centers of the curves and ties to existing monuments used to establish the subdivision boundaries. The linear dimensions shall be expressed in feet and decimals of a foot.
J.
Lots and Blocks. All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets and easements shall be designated by letter. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block and of every lot and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more sheets and, whenever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications.
K.
Streets. The final map shall show the name and right-of-way lines of each street, the width of any portion being dedicated and widths of any existing street dedications. The widths and locations of adjacent streets and other public properties within 50 feet of the subdivision shall be shown. If any street in the subdivision is a continuation or an approximate continuation of any existing street, the conformity or the amount of nonconformity of such street to the existing street shall be accurately shown. Whenever the centerline of a street has been established or recorded, the data shall be shown on the final map. In the case of branching streets, the line of departure from one street to another shall be indicated.
L.
Building Setback Lines. When building setback lines differ from the Zoning Regulations show the building setback lines on all streets by long, thick dashed lines regulations on an additional map sheet to be recorded simultaneously with the final map.
M.
Easements. All easements shall be clearly labeled and identified. The side lines of all easements including utility and new access easements shall be shown by fine dashed lines. If any easement already of record cannot be definitively located, a statement of its existence, the nature thereof and its recorded reference shall appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement shall be narrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitively locate the same with respect to the subdivision shall be shown. If an easement is being dedicated by the map, it shall be set out in the owner's certificate of dedication.
N.
High Water Line. When the subdivision includes or is adjacent to areas subject to periodic inundation or other waters, on an additional map sheet to be recorded simultaneously with the final map, show the line of mean high water with a fine continuous line. The use of such area may be required to be restricted by a covenant of restrictions.
O.
City Boundaries. If City boundaries cross or adjoin the subdivision they shall be clearly designated and located in relation to adjacent lot or block lines on an additional map sheet to be recorded simultaneously with the final map.
P.
Area of Lots. The area of each lot created by the subdivision shall be shown to the nearest square foot, or one thousandth of an acre.
Q.
Relinquishment of Access Rights. The map sheet shall acknowledge and indicate all access rights relinquishment required as a condition of approval. The map sheet shall show the relinquishment by cross hatching.
R.
Monuments.
1.
Shown on Final Map. The final map shall fully and clearly show the existing monuments, stakes or other evidence that was used to determine the location of the boundaries of the subdivision and where such monuments are located on the ground. Each adjacent subdivision corner and ties to parts of subdivisions shall be shown. Such subdivisions shall be identified by proper record data. The map shall show ties to original survey locations such as section and quarter section corners, including proper references thereto. Any monument or benchmark as required by this section that is disturbed or destroyed before acceptance of all improvements shall be shown on the final map. If any points were reset by ties, that fact shall be stated.
2.
Monuments in Paved Areas. Standard concrete well monuments shall be set depressed below the street grade with cast iron ring and cover on all paved streets, alleys or other public areas at the following locations:
a.
At the intersections of street right-of-way centerlines;
b.
At the beginning of curves and end of curves;
c.
At the tract boundary corners and angle points, if such points are within paved areas;
d.
At all section and quarter section corners, if such points are within paved areas; and
e.
At the intersection of a tract boundary with a street or alley centerline.
Standard monuments as required above may be eliminated when the distance between such monuments is less than 200 feet, except that standard monuments will be required at all street intersections and tract boundary corners and angle points in paved areas. |
3.
Monuments Outside of Paved Areas. Minimum one and one-quarter-inch by 24-inch iron pipe with the appropriate identification of the land surveyor or licensed civil engineer shall be set in a minimum of 12 inches of concrete along boundary lines and at all angle points which fall outside of a paved area.
4.
Monuments for Individual Lots. A minimum three-quarter-inch by 24-inch iron pipe or one and five-eighths-inch by 18-inch deformed iron bar with the appropriate identification of the licensed land surveyor or registered civil engineer shall be placed at the following locations:
5.
City Approval of Monuments. All monuments shall be subject to inspection and approval by the City Engineer before filing of the final map with the City Clerk, unless their installation has been deferred, as hereinafter provided.
6.
Deferment. In the event any of the monuments required to be set are to be set subsequent to the recording of the final map, the engineer or surveyor shall certify on the final map that the monuments will be set on or before a specified later date and the subdivider shall furnish adequate security, in accordance with Section 16.18.130 guaranteeing the payment of the cost of setting such monuments. In all cases, at least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map is recorded.
S.
Certificates, Statements and Acknowledgements. The following certificates, statements and acknowledgements shall appear on the title sheet of the final map. Certificates, statements and acknowledgements may be combined where appropriate.
1.
Owner's Statement. A statement signed and acknowledged by all parties having record title interest in the subdivided real property, consenting to the preparation and recordation of the final map, in accordance with the Subdivision Map Act.
2.
Dedications. Dedications of or offers to dedicate interests in real property for specified public purposes shall be made on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, in accordance with the Subdivision Map Act. Dedications or offers of dedications of streets shall include a waiver of direct access rights to any such street from any property shown on the final map as abutting thereon, when such waiver of direct access rights is required by the City.
3.
Engineer or Surveyor Statement. A statement by the engineer or surveyor responsible for the survey and final map is required, in accordance with the Subdivision Map Act.
4.
City Engineer Statement. A certificate or statement by the City Engineer shall be placed on the final map, in accordance with the Subdivision Map Act.
5.
City Clerk Statement. A certificate or statement for execution by the City Clerk, in accordance with the Subdivision Map Act.
6.
City Planner Statement. A statement for execution by the Community Development Director.
7.
County Recorder. A certificate for execution by the Sutter County Recorder.
8.
Tax Collector. A certificate for execution by the Sutter County Tax Collector.
9.
Other. The title sheet shall also contain such other affidavits, certificates, acknowledgements and enforcements as are required by law.
(Ord. 539 § 1, 2011)
A.
Preliminary Soils Report. A preliminary soils report prepared in accordance with Section 16.24.060.
B.
Traverse Sheets. Calculation and traverse sheets in a form approved by the City Engineer giving bearings, distances, lot areas and coordinates of the boundary of the subdivision and blocks, lots and streets herein on the final map, and traverse sheets of time to find stakes, monuments or other evidence used to determine the boundaries of the subdivision.
C.
Utility Easements. A statement or map from the utility companies showing required easements to provide their service.
D.
Public Improvement Plans and Specifications. The subdivider shall grade and improve all land dedicated or to be dedicated for streets, highways, public ways and easements, and all private streets and private easements required as conditions of approval of the tentative map. The original tracings of detailed plans, cross-sections and profiles of all improvements required to be installed by the provisions of this title and all other improvements proposed to be installed by the subdivider in, on, over or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including estimated cost thereof, shall be submitted to the City Engineer for approval and signature. All such plans shall be prepared in accordance with the requirements of the City Engineer. Plan sheets shall be 24 inches by 36 inches with a two-inch left margin.
E.
Design Data. All design data, assumptions and computations for proper analysis that is in accordance with sound engineering practice.
F.
Report and Guarantee of Clear Title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for dedication of streets, alleys and other public places shown on the final map and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to such subdivision. At the time of recording the final map, following approval by the City Council, there shall be filed with the Sutter County Recorder, a guarantee executed by a duly authorized title company showing that the persons (naming them) consenting to the preparation and recordation of such map and offering for dedication the streets, alleys and other public places shown thereon are all persons necessary to pass clear title to such subdivision and the dedications shown thereon.
H.
Deed Restrictions, Bylaws and/or Articles of Incorporation. Two copies of all deed restrictions, bylaws and articles of incorporation.
I.
Governing Documents. For a cooperative apartment project, condominium, stock cooperative or conversion, the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code and all other governing documents for the subdivision, as are appropriate pursuant to Section 1363 of the Civil Code.
(Ord. 539 § 1, 2011)
Four copies of the final map and the data to accompany the final map shall be submitted to the City Clerk for checking.
(Ord. 539 § 1, 2011)
A.
Map and Plan Check Fees. At the time of submittal, the subdivider shall pay a map checking fee for checking the final map and a plan checking and inspection fee for checking improvement plans and specifications, checking contract arrangements and inspecting improvements. The fees shall be in amounts fixed by resolution or ordinance of the City Council.
B.
Sewer and Water Extension Fees. At the time of filing the final map, the subdivider shall pay all extension fees for both sewer and water in the amounts previously fixed by resolution or ordinance of the City Council or as otherwise determined and fixed under the terms of a standard subdivision improvement agreement entered into between the City and the subdivider.
C.
Recording Fees. At the time of filing the final map the subdivider shall pay a recording fee as established by the Sutter County Recorder.
(Ord. 539 § 1, 2011)
Subdivider's failure to record a final map within a period of 24 months after the approval or conditional approval of the tentative map and any extensions of time granted in accordance with the provisions of Chapter 16.14 of this title shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted.
(Ord. 539 § 1, 2011)
Upon receipt of the final map the City Engineer shall examine such to determine that the subdivision is shown substantially the same as it appeared on the tentative map, any approved alteration thereof, and any conditions of approval thereof, that all provisions of this title and the Subdivision Map Act have been complied with, and that the map is technically correct. If the City Engineer determines that the final map is not in full conformity with the tentative map, the subdivider shall be advised of the changes or additions that must be made to make such conformity, and shall afford the subdivider an opportunity to make such changes or additions. If the City Engineer determines that full conformity therein has been made, it shall be so stated on the final map and transmitted to the City Clerk, together with any documents which may have been filed therewith for presentation to the City Council.
(Ord. 539 § 1, 2011)
Prior to filing the final map with the City Council, the subdivider shall file the certificate and documents relating to taxes and assessments, as required by the Subdivision Map Act commencing with Section 66492 and any amendments thereto.
(Ord. 539 § 1, 2011)
The City Council shall, at the meeting at which it receives the final map or, at its next regular meeting after the meeting at which it receives the final map, approve the final map if it conforms to all of the requirements of this title and the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereafter. If the final map does not conform the City Council shall deny the final map, as provided in Section 16.18.110. The meeting at which the City Council receives the final map shall be the date on which the City Clerk receives the map. At the time the City Council approves a final map, the Council may also accept, accept subject to improvements or reject any offer of dedication. The City Clerk shall certify on the final map the action by the City Council.
(Ord. 539 § 1, 2011)
The City Council shall deny the final map if the final map fails to meet or perform any of the requirements or conditions imposed by this title or the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereafter, specifying the requirements or conditions which have not been met or performed. The City Clerk shall advise the subdivider of such disapproval. Within 30 days after the City Council has disapproved any final map, the subdivider may file with the City Clerk a map altered to meet the approval of the City Council. In such a case the City Engineer shall review the altered map for conformance with the requirements of the City Council and then shall submit the altered map to the City Council for its approval along with a statement that the altered final map is technically correct. No final map shall have any force or effect until the same has been approved by the City Council and no offer of dedication shall be accepted until the City Clerk has recorded the final map with the Sutter County Recorder. The provisions of this section may be waived when the failure of the final map is a result of a technical error which, in the determination of the City, does not materially affect the validity of the final map.
(Ord. 539 § 1, 2011)
If at the time of approval of the final map by the City Council, any public improvements required by the City pursuant to the provisions of this title have not been completed and accepted in accordance with City standards applicable at the time of approval of the tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the City upon mutually agreeable terms to thereafter complete the improvements at the subdivider's expense. Such agreement shall be secured by improvement security. The agreement may, at the option of the City, be recorded.
(Ord. 539 § 1, 2011)
A.
Types of Security Permitted. Whenever this title authorizes or requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following at the option of and subject to approval by the City:
1.
Bond. A bond or bonds by one or more duly authorized, California admitted corporate sureties with a minimum Best Rating of "A";
2.
Cash Deposit. A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, or money or negotiable bonds of the kind approved for securing deposits of public moneys;
3.
Instrument of Credit. An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are in deposit and guaranteed for payment;
4.
Property Lien. A lien upon the property to be divided, created by a contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after recordation of the map; or
5.
Real Property Interest. A security interest in real property in an amount determined by the City not to exceed a portion of the value of the property as determined by the City. The security interest instrument would be of a form approved by the City, and would be recorded by the Sutter County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in the amount necessary to complete the agreed improvements. The recorded contract or security document shall be indexed in the grantor index to the names of all record owners of the real property and in the grantee index to the City of Live Oak.
B.
Release of Security. The City may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of the agreed upon improvements.
(Ord. 539 § 1, 2011)
A.
Form.
1.
A bond or bonds by one or more duly authorized, California admitted corporate sureties with a minimum A rating to secure faithful performance shall be in substantially the following form:
Whereas, the City Council of the City of Live Oak, State of California, and _____ (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _____, 20_____, and identified as project _____, is hereby referred to and made a part of; and
Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _____, as surety, are held and firmly bound unto the City of Live Oak (hereinafter called the "City"), in the penal sum of _____ dollars ($_____) lawful money of the United States, for the payment of which sum and well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Live Oak, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
The surety's obligations to the City arise immediately upon the default of the principal, without demand or notice. The surety waives the provisions of California Civil Code Section 2845 and, in light of such waiver, the City shall not be required to proceed against the principal, nor shall the City be required to pursue any other remedy in the City's power. In light of such waiver, the City may proceed directly against the surety upon default of the principal, and it shall not be a defense to the City's claims against the surety that the City has failed to proceed against the principal (or any other person whom the surety believes might be responsible for the breach of the principal) or to pursue any other remedy in the City's power. In addition to the foregoing, the surety waives any rights or defenses it may have in respect to its obligations as a surety by reason of any election of remedies by the City.
To the extent that the principal's obligations are secured by real property or an estate for years, the surety waives all rights and defenses that it may have because the principal's obligation is so secured. This means, among other things: (1) the City may collect from the surety without first foreclosing on any real or personal property collateral pledged by the principal; (2) if the City forecloses on any real property collateral pledges by the principal: (A) the amount of the obligation may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price, (B) the City may collect from the surety even if the City, by foreclosing on the real property collateral has destroyed any rights the surety may have to collect from the principal. This is an unconditional and irrevocable waiver of any rights and defenses that the surety may have because the principal's obligation is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 1080a, 1080b, 1080d or 726 of the Code of Civil Procedures.
The surety waives all rights and defenses arising out of an election of remedies by the City, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation has destroyed the sureties rights of subrogation and reimbursement against the principal by the operation of Section 580d of the Code of Civil Procedure, or otherwise.
Because the surety's obligations to the City are absolute and unconditional upon default of the principal, it shall be no defense to the surety's obligations to the City that the principal is or has become insolvent or that the project which is the subject of the principal's obligations is or has become economically infeasible. In that regard, doctrines such as "Frustration of Purpose" or "Commercial Frustration" or "Illegal Forfeiture" or similar doctrines shall not defeat the surety's absolute and unconditional obligation to the City upon the default of the principal. The surety has specifically undertaken the risks that the principal may be or become insolvent or that the project which is subject of the principal's obligation may presently or in the future, lack commercial viability.
In the event the principal defaults in the performance of its obligations, the surety may elect, either directly or through appropriate contractors to perform in the place of the principal. If the surety elects to proceed in this fashion, it shall provide written notice of such election to the City within 30 days after surety becomes aware of the principal's default. If the surety elects to complete the obligations of the principal (as opposed to paying money damages to the City occasioned by such breach) the surety shall cause the obligations of the principal to be performed as soon as is reasonably possible, but in no event later than nine months following knowledge of the breach by the principal. In the event the surety elects to perform the principal's obligations, the City shall be entitled to compel the surety, by way of specific performance, to perform such obligations.
If the surety does not elect to perform the principal's obligations, the surety shall deposit with the City a sum equal to the cost of the uncompleted portion of the work which comprises the principal's obligation. The City's City Engineer shall determine the estimated cost of the uncompleted portion of the work and the surety shall make such deposit with the City within five days of receipt of the City Engineer's estimate. The City shall not be required to expend any of its own funds to complete the work nor to incur "out of pocket" damages inasmuch as the City's damages are measured by the value of its unfulfilled right, namely the costs of completing the obligations of the principal by installing the bargained-for improvements. Upon deposit of the estimated cost of completion with the City, the City may proceed to bid the remainder of the work as a public project pursuant to the Public Contract Code and the surety shall be obligated to continue to deposit such additional funds as may be necessary from time to time until the improvements are complete and accepted by the City or until the surety has exhausted the penal sum of the bond. Should the surety deposit more funds than are necessary to satisfy the principal's obligation, then the City shall refund any balance remaining upon final acceptance of the improvements. No interest shall be paid on any deposits made with the City.
Underwriting assumptions and cost estimates of the surety shall not have any bearing, whatsoever, on the Surety's liability under this bond. By way of example, if, when making underwriting decisions regarding issuing this bond, a cost estimate was prepared regarding the principal's obligations to the City, the fact that an item was omitted from the cost estimate (which item was an obligation of the principal to the City), shall in no way defeat or diminish the Surety's obligation to the City with respect to this omitted item. By way of further example, if the underwriting decision to issue this bond included a cost estimate of items and a particular item was estimated at a cost significantly less than the amount actually required to perform such item, this fact shall in no way defeat or diminish the surety's obligation to the City. Namely, the surety shall be obligated to the full amount of the penal sum of the bond, with respect to all matters which are the principal's obligation to the City, whether such items are actually included in any cost estimate (or if so included, are estimated at a cost far less than the actual cost to perform such items). Likewise, the adequacy and amount of any premium (and whether or not such premium was sufficient for the risk assumed by the surety) shall have no bearing on surety's absolute and unconditional obligation to the City upon the principal's default of its obligation under this bond.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on _____, 20__.
2.
A bond or bonds by one or more duly authorized, California admitted corporate sureties with a minimum A rating for the security of laborers and materialmen, shall be substantially the form prescribed by the Subdivision Map Act.
B.
Amount.
1.
Performance. For faithful performance the amount of improvement security shall be based upon the total estimated cost of the improvements as determined by the City Engineer. Improvement security securing faithful performance of all work, including sufficient funds to insure construction staking and contract administration by the subdivider's consulting engineer shall be an amount equal to 100% of the estimated cost of improvement. All improvement security shall be maintained in full force and effect for a period of 12 months following acceptance of all improvements by the City to assure the proper completion or maintenance of the work; provided that substitution or partial release of security may be authorized by the City Engineer if in the City Engineer's opinion such substitution or partial release is consistent with the proper completion or maintenance of the work and protection of possible lien holder, and further provided, that the amount of the continuing security shall in no case be less than 25% of the amount of the original security.
2.
Labor and Material. For labor and material the improvement security securing payment to the contractor, their subcontractor and persons furnishing labor, materials and equipment to them for the improvement of the performance of the required act shall be an amount equal to 100% of the total estimated cost of the improvement, except if the security is in the form of a cash deposit, deposits or instrument of credit or security interests, the amount shall be equal to 50% of the total estimated cost of the improvement.
(Ord. 539 § 1, 2011)
A.
General Conditions. Bonds, deposits, instruments of credit, property liens and security interest in real property shall conform to the following conditions:
1.
Liability of Security. Any liability upon security given for the faithful performance of any act or agreement shall be limited to the condition prescribed by the Subdivision Map Act.
2.
Additional Secured Costs. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligation secured.
3.
Release of Security. Improvement security may be released in whole or in part in the manner prescribed by the Subdivision Map Act and in accordance with any such rules prescribed by the City Council.
B.
Insurance. The subdivider shall, at their sole cost and expense, obtain and maintain in full force and effect comprehensive general public liability and property damage insurance in the following amounts:
Comprehensive Liability: | $2,000,000.00 per person |
$5,000,000.00 per occurrence | |
Property Damage: | $2,000,000.00 |
The required insurance shall be obtained from one or more insurance companies licensed to do business in the State of California and having a financial rating in Best's Insurance Guide of at least "A," which insure the City, City boards and commissions and members thereof and City officers, employees and agents against any liabilities arising out of the subdivider's construction and installation of the improvements required as a condition of approval of the final map. All such insurance shall be in the form or forms approved by the City's attorney, and shall name the City of Live Oak, the City's boards and commissions and members thereof, and its officers, employees and agents as additional insureds under the coverage afforded. In addition such insurance shall be primary and noncontributing with respect to any other insurance available to the City and shall include a severability of interests (cross liability) clause. To evidence such coverages, a copy of the insurance policy or policies required herein shall be delivered to the City for approval as to form and sufficiency. Said policy or policies will provide that the City will receive a minimum of 30 days' advance notice of any cancelation, material reduction or termination of insurance. Subdivider shall provide a disclosure of and City shall approve any deductibles with respect to such insurance. Said policy shall further provide that the City's failure to comply with any reporting requirements will not affect coverage. The subdivider shall (and the policy of insurance shall) waive any claims or rights of subrogation against the City or any of the City's insurers. All deductibles must be declared and approved by the City. The required insurance shall be obtained prior to execution of a subdivision improvement agreement when required under Section 16.18.120 or prior to commencement of construction if no subdivision improvement agreement is required.
(Ord. 539 § 1, 2011)
When the City Council shall have approved the final map as set forth in this chapter, the City Clerk shall transmit the map to the Sutter County Recorder in accordance with Section 66464 of the Subdivision Map Act. After the map has been recorded, the subdivider shall provide the City Engineer with accurate, legible photographic duplicates on single matte, reproducible, polyester film.
(Ord. 539 § 1, 2011)