§ 16.36

This chapter provides the requirements for necessary agreements or contracts between the city and the applicant, where the applicant agrees to complete the required public improvements outlined in Chapter 16.34 (Subdivision Improvement Requirements) of this title. In addition, this chapter outlines the security needed to guarantee the improvements will be completed to the satisfaction of the City Engineer.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Any act or obligation (improvement) required as a condition of approval of a final map, parcel map, reversion to acreage map, a parcel map waiver, lot merger, lot line adjustment or a conditional certificate of compliance, which has not been completed prior to final approval, shall be guaranteed by an undertaking agreement, between the applicant and the city, which satisfies the requirements of Section 66462 of the Subdivision Map Act. The form of the undertaking agreement shall be approved by the City Attorney prior to consideration by the City Council, Planning Commission or City Engineer.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Where the subdivider is required to install supplemental improvements pursuant to Chapter 16.34 (Subdivision Improvement Requirements) of this title, the city shall enter into an agreement to reimburse the applicant pursuant to Section 66486 of the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.36.040 - Improvement security.

A.

Any liability upon the security given for the faithful performance of any act or agreement shall be limited, as specified in Section 66499.9 of the Subdivision Map Act.

B.

Pursuant to Sections 66499, 66499.1 and 66499.2 of the Subdivision Map Act, improvement securities shall be required to be posted by the applicant as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map, parcel map, reversion to acreage map, parcel map waiver, lot merger, lot line adjustment or conditional certificate of compliance. All such improvement securities shall be provided in a form subject to the approval of the City Engineer and the City Attorney.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.36.050 - Amount of security.

Security to guarantee the performance of any act or agreement shall be in the following amounts, pursuant to Section 66499.3 of the Subdivision Map Act:

A.

An amount determined by the City Engineer equal to one hundred (100) percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement. The total estimated cost of the improvement shall provide for increase or projected inflation computed to the estimated midpoint of construction.

B.

An additional amount determined by the City Engineer equal to fifty (50) percent of the total estimated cost of the improvement, or the performance of the required act, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement of the performance of the required act.

C.

An additional amount equal to ten (10) percent of the estimated cost of the improvements for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

D.

Required security for subdividers who are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the state or one of its agencies, shall be established in accordance with Section 66499.3 of the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.36.060 - Alternative security for certain subdivisions.

A.

In lieu of executing an Undertaking Agreement as set forth in Section 16.36.020 of this chapter, the subdivider may deliver alternate improvement security in favor of the city as provided in this section guaranteeing the performance of any act, public improvement or obligation (collectively herein, the "work") which has been required by the city as a condition of approval for a final map, parcel map, reversion to acreage map, parcel map waiver, lot merger, lot line adjustment or conditional certificate of compliance.

B.

This section shall apply at the written request of the applicant when the City Engineer has confirmed either:

1.

The estimated cost of completing the installation of any required work as set forth in Chapter 16.30 (Subdivision Improvement Requirements) of this title in connection with a subdivision, including any survey monument as set forth in Chapter 16.30 of this title, is less than twenty thousand dollars ($20,000.00); or

2.

The estimated cost of completing the installation of any required work as set forth in Chapter 16.30 (Subdivision Improvement Requirements of this title in connection with a subdivision, including any survey monument as set forth in Chapter 16.38 (Survey and Monuments) of this title, is between ten thousand dollars ($10,000.00) and twenty thousand dollars ($20,000.00).

C.

The property owner may initiate the alternate security provisions authorized by this This section prior to the recordation of a final map, parcel map, reversion to acreage map, parcel map waiver, lot merger, lot line adjustment or conditional certificate of compliance.

1.

A current title report for the subject property, which has been issued by a title insurance company within not more than sixty (60) days prior to the date of the subdivider's request to the City Engineer;

2.

Complete plans and specification for the proposed construction and installation of the work;

3.

A suitably detailed subdivider's estimate of the cost to complete the construction and installation of the work;

4.

A completed form of the notice of subdivision security agreement as provided in subsection (G) below, signed in recordable form by the owner of the property in the event that the subdivider estimates that the cost of the work may exceed the sum twenty thousand dollars ($20,000.00).

The City Engineer shall acknowledge the city's receipt of such written application within thirty (30) days of receipt from the subdivider and such acknowledgment shall confirm whether the provisions of subsections (D) or (E) below, shall be applicable to the work. The City Engineer may determine that the alternate security provisions of this subsection do not apply to the subdivision in light of unusual or special conditions applicable to the work, in which case the City Engineer shall so inform the subdivider in writing that the undertaking agreement for the work shall conform to subsection 16.36.020 of this chapter.

D.

If the City Engineer confirms that subsection (B)(1) above, applies to the work, then the subdivider shall deliver cash to the City in the amount as so determined by the City Engineer; provided however, that the minimum amount of such a cash deposit regardless of the City Engineer's estimate of the cost of the work shall be five thousand dollars ($5,000.00). The city shall deposit such sum with other funds of the city as a cash security for the completion of such work by the subdivider. The City Engineer is authorized to release the cash security upon completion of the Work as provided in subsection (F) below, or cause such cash security to be forfeit to the city in the event that the work has not been completed within two (2) years following the date of the city's receipt of such cash security.

E.

If the City Engineer confirms that subsection (B)(2) above, applies to the work, then the subdivider shall deliver two thousand five hundred dollars ($2,500.00) to the city together with a notice of security agreement substantially in the form as provided in subsection (G) below, in recordable form executed by the subdivider/owner of the subdivided lands. The city shall deposit such sum with other funds of the city as a partial cash security for the completion of such work by the subdivider. The City Engineer is authorized to release the partial cash security and record a release of the notice of security agreement work as provided in subsection (F) below, or cause such partial cash security to be forfeit to the city in the event that the work has not been completed within two (2) years following the date of the city's receipt of such partial cash security.

F.

The city shall release the security for the work upon written request delivered to the City Engineer in which the subdivider certifies that the construction and installation of the work has been completed as evidenced by the recordation by the subdivider of a notice of completion for the work as provided in California Civil Code Section 8182(c)(1), and subject to the confirmation by the City Engineer that all of the other

requirements of Section 16.36.110 of this chapter with respect to the completion of the work have been satisfied, the City Engineer shall release the security for the work in favor of the subdivider.

G.

The general form of the notice of security agreement as required in this chapter shall be substantially as follows:

RECORDING REQUESTED BY

[insert name of subdivider]

AND WHEN RECORDED MAIL TO:

City of El Monte

City Hall — West

11333 Valley Boulevard

El Monte, California 91731

Attn: City Engineer

---

[Space above this line for Recorder's use]

NOTICE OF SECURITY AGREEMENT

(CITY OF EL MONTE)

(CITY OF EL MONTE)

TO ALL INTERESTED PERSONS

PLEASE TAKE NOTICE

___________ (the "Subdivider") is the owner of the land situated in the City of El Monte which is more particularly described in Exhibit "A" (the "Property").

The City of El Monte (the "City") has approved the subdivision and improvement of the Property as provided in El Monte Planning Commission Resolution No. _______, dated ________, subject to the satisfaction of certain conditions including a condition that the Subdivider design, construction, install and complete certain public improvements (the "Work") as part of the subdivision and improvement of the Property.

The Subdivider has requested the City accept certain alternate subdivision improvement security for the construction, installation and completion of the Work as authorized by Section 16.36.060 (Agreements and Security -16.36.110 - Acceptance of Improvements.

Alternative Security for Certain Subdivisions) of Title 16 (Subdivision Ordinance) OF the El Monte Municipal Code.

PLEASE TAKE FURTHER NOTICE that the Subdivider covenants in favor of the City and agrees that until such time as the Work has been completed by the Subdivider and the City has accepted the Work as completed as provided in Section 16.32.090 of Title 16 (Subdivision Ordinance) of the El Monte Municipal Code, that the City shall have no duty to approve or authorize the occupancy of any structure on the Property as otherwise provided in Chapter 15.09 (Certificate of Occupancy) of Title 15 (Building and Construction) of the El Monte Municipal Code.

Upon the acceptance of the Work by the City as provided in Section 16.36.110 (Agreements and Security - Acceptance of Improvements) of Title 16 (Subdivision Ordinance) of the El Monte Municipal Code, the City Engineer shall cause to be recorded a written release of this Notice of Security Agreement.

This Notice of Security Agreement has been executed by the Subdivider and the City as evidenced by the signatures of the officers of each of them whose signatures appear below.

SUBDIVIDER

By: _______

ACCEPTED BY CITY OF EL MONTE

By: _______

City Manager

City of El Monte

By: _______

City Engineer

City of El Monte

By: _______

City Attorney

City of El Monte

APPROVED AS TO FORM

[FORM OF NOTICE OF SECURITY AGREEMENT]

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.36.070 - Reduction in performance security.

The City Engineer may authorize, in writing, the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses, upon

application by the subdivider, but in no case shall the security be reduced to less than fifty (50) percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Performance Security. The performance security shall be released only following acceptance of the improvement by the city and when an approved warranty security has been filed with the city.

B.

Material, Labor and Equipment Security. Any security for the payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, by the City Council, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no such claims have been recorded, the security shall be released in full.

The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the Subdivision Map Act for the guarantee or warranty, nor to the amount of the security deemed necessary by the local agency for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney fees.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

In addition to any other remedy provided by law, upon the failure of the subdivider to complete any improvement, acts, or obligations within the time specified in the improvement agreement, or upon failure of the subdivider to faithfully comply with the terms and provisions of this chapter or any improvement security given thereby, the City Council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served by registered mail addressed to the last known address of such person, determine that the foregoing have not been complied with or said work has not been completed, and may cause to be forfeited to the city such portion of said improvement security given for the performance of the foregoing.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

If the City Council finds, based upon substantial evidence in the record, that any project for which a tentative map or a vesting tentative map has been approved will be affected by a previously enacted initiative measure to the extent that there is likely to be a default on land-secured bonds issued to finance infrastructure on the project, the City Council shall allow that portion of the project served by the infrastructure to proceed in a manner consistent with the approved tentative map or vesting tentative map.

B.

For purposes of this division, land-secured bond means any bond issued pursuant to the Improvement Act of 1911 (Division 7 [commencing with Section 5000] of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 [commencing with Section 10000] of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 [commencing with Section 85001 of the Streets and Highways Code), or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 [commencing with Section 53311] of Part I of Division 2 of Title 5, so long as the bond was issued and sold at least ninety (90) days before the proposed initiative was adopted by either popular vote at an election or by ordinance adopted by the legislative body.

C.

Notwithstanding subsection (A) of this section, the City Council may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

2.

The condition or denial is required, in order to comply with state or federal law.

D.

An approved or conditionally approved tentative or vesting tentative map shall be subject to the periods of time set forth in Section 66452.6 of the Subdivision Map Act.

E.

The rights conferred by this division shall expire if a final map is not approved prior to the expiration of the tentative map or of the vesting tentative map.

F.

An approved or conditionally approved tentative map or vesting tentative map shall not limit the Planning Commission from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Section 66474.2 or 66498.1 or other applicable provisions of the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Construction of required improvements shall not commence until required improvement plans have been approved by the City Engineer.

A.

General. All improvements are subject to inspection and testing by the City Engineer or authorized personnel in accordance with the standards and specifications specified and required by this title.

B.

Pre-Construction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the City Engineer or the City Engineer's authorized personnel.

C.

The City Engineer and his or her authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any and all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with the city standards, specifications, or city-approved construction plans.

D.

All work and improvements must be found to conform to the specified standards and specifications as a condition of the city's acceptance of them and the release of any improvement securities held therefore.

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered for acceptance by the city. The City Engineer shall be responsible for the acceptance of improvements for all divisions of land by final maps, parcel maps, lot line adjustments, lot mergers, reversions to acreage maps or conditional certificates of compliance. Upon such acceptance, the City Engineer shall recommend that the City Council take final action to accept the improvements. The City Council shall take action on such matters within ten (10) days following recommendation by the City Engineer, or at the next available City Council meeting, whichever occurs later.

Acceptance of the improvements shall only imply that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public.

Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this title.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Chapter 16.38 - SURVEY AND MONUMENTS