§ 16.42

A.

The requirements identified in Section 16.42.030 and Section 16.42.050 shall be collectively referred to as the "required improvements." The model homes and production homes and the required improvements are hereinafter collectively referred to in this chapter as "model improvements."

B.

All model improvements shall be constructed and installed in full accordance with the model home building plans approved by the city and all applicable city standards and specifications and all applicable city, state and federal laws, rules, regulations, policies and ordinances, as amended from time to time. The construction and installation of all model improvements will be subject to the city's standard inspection procedures and requirements, as amended from time to time. The issuance of the building permits for the model homes shall in no way whatsoever be construed as the granting to the developer of the subdivision any right to trespass upon land in the possession of, or owned by, any other person or entity without the landowner's prior written consent.

(Ord. No. 2020-001, § 1, 2-19-2020)

The model homes may not be used or occupied by the developer or any other person or entity until all model improvements have been constructed and installed and approved by the city. No model homes may be sold until the entire subdivision has been fully developed and sold out.

(Ord. No. 2020-001, § 1, 2-19-2020)

A.

Should the developer fail, in any manner, to construct and install the model improvements or operate the model improvements as required by this chapter, the developer shall, within thirty (30) days after the date of written notice from the city, remove from the subdivision any and all model improvements placed, installed or constructed in the subdivision and the developer shall restore the subdivision to its condition prior to issuance of the building permits for the model improvements.

B.

Should the developer fail to comply with the provisions of this Section 16.42.080, the developer unconditionally and irrevocably authorizes and permits the city, or any of its duly authorized officers, employees, agents or contractors to enter upon the subdivision and perform such removal and restoration. The developer shall indemnify, hold harmless and defend the city, its officials, officers, employees, contractors and agents from and against any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses including, without limitation, attorney fees, in any way related to city's removal of the model improvements.

(Ord. No. 2020-001, § 1, 2-19-2020)

Prior to the construction and installation of any model improvements, the developer shall deliver to the city the sum of one hundred thousand dollars ($100,000.00) in cash or by an irrevocable standby letter of credit or instrument of credit in the amount of one hundred thousand dollars ($100,000.00) and in a form approved by the city, ("removal deposit"). The removal deposit shall be used by city to pay the costs and expenses of the city's removal of the model improvements as provided in Section 16.42.080. If the cost of removal of the model improvements exceeds the amount of the removal deposit, the developer shall pay to the city, in cash, any amount which exceeds the removal deposit within thirty (30) days after the date of an invoice from the city identifying the amount in excess of the removal deposit.

(Ord. No. 2020-001, § 1, 2-19-2020)

Prior to the construction and installation of any model improvements, the developer shall pay to city any and all fees, including, without limitation development fees, connection fees and capital facilities fees required by city in order to commence construction of the model improvements.

(Ord. No. 2020-001, § 1, 2-19-2020)

No vested rights or entitlements are conferred or granted to the developer or the subdivision by the issuance of the building permits or by acceptance by the city of any model improvements constructed by the developer within or upon the subdivision.

(Ord. No. 2020-001, § 1, 2-19-2020)

A.

To the fullest extent allowed by law, the developer shall indemnify, hold harmless and defend the city and each of its officers, officials, employees, agents, volunteers and contractors from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to, personal injury, death at any time and property damage) arising or alleged to have arisen directly or indirectly out of the developer's construction and installation of the model improvements.

B.

If the developer subcontracts all or any portion of the construction and installation of the model improvements, the developer shall require each subcontractor to indemnify, hold harmless and defend city and each of its officers, officials, employees, agents, volunteers and contractors in accordance with the provisions of this Section 16.42.100.

(Ord. No. 2020-001, § 1, 2-19-2020)

16.42.103 - Insurance coverage.

A.

Until all homes in the subdivision are sold, the developer shall maintain in full force and effect the insurance described below with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide; or (ii) authorized by the Central Valley Risk Management Authority:

Commercial general liability insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than five million dollars ($5,000,000.00) per occurrence for bodily injury and property damage, two million dollars ($2,000,000.00) per occurrence for personal and advertising injury and five million dollars ($5,000,000.00) aggregate for products and completed operations.

The developer shall be responsible for payment of any deductibles contained in any insurance policies required under this Section 16.42.101.

B.

The above described policy of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of the city of policy modification or cancellation of coverage. In the event the policy is due to expire prior to the sale of all homes in the subdivision, the developer shall provide a new certificate evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Upon issuance by the insurer, broker, or agent of a notice of modification or cancellation in coverage, the developer shall file with city a new certificate with all applicable endorsements for such policy.

C.

The general liability insurance policy shall be written on an occurrence form and shall name the city, its officers, officials, agents, employees, volunteers and contractors as additional insureds. Such policy of insurance shall be endorsed so the developer's insurance shall be primary and no contribution shall be required by the city. The policy shall contain a waiver of subrogation as to city, its officers, officials, agents, employees, volunteers and contractors. The developer shall furnish city with the certificate and applicable endorsements for the required insurance prior to commencement of the construction and installation of the model improvements.

D.

If at any time, the developer fails to maintain the required insurance in full force and effect, the developer shall immediately cease all work in the subdivision until written notice is received by the city that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the city.

E.

If the developer subcontracts all or any portion of the construction and installation of the model improvements, the developer shall require each subcontractor to provide insurance protection in favor of city, its officers, officials, employees, agents and contractors in accordance with the provisions of this Section 16.42.100, and the subcontractors' certificates of insurance and endorsements shall be on file with the developer and the city prior to the commencement of any work by the subcontractor.

(Ord. No. 2020-001, § 1, 2-19-2020)

Chapter 16.44 - ADMINISTRATION AND ENFORCEMENT

Sections: