No final map shall be signed by the City Engineer or recorded
until required improvements are completed or an improvement agreement
is executed and all required securities are received and approved
by the City in accordance with this chapter.
(08-05)
If a subdivider is required to construct off-site improvements
on land in which neither the subdivider nor the City has sufficient
title or interest to allow construction, acquisition of land or right-of-way
for such improvements shall be carried out in accordance with the
Subdivision Map Act.
(08-05)
Improvement security shall be in a form as prescribed by the
Subdivision Map Act. The amount of security shall include all of the
following:
A. One
hundred percent of the total estimated improvement construction cost
to guarantee the construction or installation of all improvements.
B. An
additional amount of 100 percent of the total estimated improvement
construction cost to guarantee payment to the subdivider's contractor,
subcontractors, and persons supplying material, labor, or equipment
for the construction or installation of improvements.
C. An
additional amount as determined by the City Council necessary to warranty
the improvement construction for a period of one year following City
acceptance thereof against any defective work or materials.
D. If
the improvement security is other than a bond or bonds furnished by
a duly-authorized corporate surety, an additional security amount
shall be provided as determined by the City Council necessary to cover
the cost and reasonable expenses and fees, including reasonable attorneys'
fees, which may be incurred by the City in successfully enforcing
the obligation secured.
(08-05)
In the event that 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 by this chapter 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 chapter.
(08-05)
Upon the failure of a subdivider to complete all improvements
within the time specified in an improvement agreement or extension
thereof, the City Council may, upon notice in writing of not less
than 20 days served by certified mail or by any other manner of notice
authorized by the Subdivision Map Act or the improvement agreement,
determine that the subdivider is in default. The Council may then
determine that the improvement security or such portion thereof necessary
to complete the work or any other obligation of the subdivider shall
be forfeited to the City.
(08-05; 21-06)