Fremont Municipal Code Art. III Final Maps

At any time after the approval of the tentative map and prior to the expiration of such map, the subdivider may cause the subdivision or a unit thereof to be surveyed and a final map thereof to be prepared by a registered civil engineer or licensed surveyor in conformance with the tentative map as approved. Blue line prints of the final map as required for checking and approval shall be submitted to the city engineer. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1420.)

At the time of submitting the final map to the city engineer, the subdivider shall also submit therewith the following:

(a) Traverse Sheets. Traverse sheets in a form approved by the city engineer giving latitudes and departures and coordinates of the boundary of the subdivision and blocks and lots therein. Whenever such traverse sheets are not accompanied by electronically computed traverse data, there shall be payable by the subdivider an additional fee equal to the cost to the city of obtaining such data.

(b) Improvement Plans. As many copies as may be required of detailed plans, cross-sections, profiles, and specifications of the improvements to be installed as required by the provisions of this title and by the standard specifications, and of 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 the estimated cost thereof. All such plans shall be prepared in accordance with the requirements of the city engineer. Sheets shall be 24 inches by 36 inches with a two-inch left margin and a plan and profile drawn to a scale of one inch equaling not more than 50 feet. Details shall be shown at appropriate scale.

(c) Design Data. Design data, assumptions, and computations for proper analysis in accordance with sound engineering practice.

(d) Report and Guarantee of Clear Title. The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of the map and the dedication of the streets, alleys, and other public places shown on the 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 the subdivision. At the time of recording the approved map there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (naming them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to the subdivision and to the dedication shown thereon.

(e) Agreement and Bond. The agreement and bonds specified in this title.

(f) Deed Restrictions. Two copies of all proposed deed restrictions. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1421.)

At its next regular meeting, or within a period of not more than 10 days following the city engineer’s transmission of the final map to the city clerk, the council shall consider the map, the plan of subdivision, and the offers of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the final map, the council, as a condition precedent to approval of the final map, may enter into an agreement with the subdivider under which the subdivider shall be thereafter required to complete the improvements at his/her expense, or shall be required to initiate and consummate proceedings under an appropriate special assessment district act for financing or completion of all improvements. Performance of said agreement shall be guaranteed. In such case, when the agreement and bond or deposit shall have been approved by the city attorney as to form, and by the city engineer as to sufficiency, the council may consider the final map.

The council shall approve the map if it is determined to be in conformity with the requirements of this title, the Map Act, and in substantial compliance with the tentative map. If it is not in conformity or compliance, it shall be disapproved and the council shall advise the subdivider of its disapproval and the reason or reasons therefor. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1422.)

The city clerk, upon approval by the council of the final map, the receipt of the necessary recording fee, and after the signatures and seals have been affixed to the map, shall cause the map to be transmitted to the clerk of the board of supervisors. No map shall have any force or effect until the same has been approved by the council and no title to any property described in any offer of dedication shall pass until recordation of the final map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1423.)

Immediately subsequent to the recordation of the final map, the subdivider shall furnish to the city engineer, at the expense of the subdivider, copies of the final map and affidavit sheet as follows:

(a) One duplicate tracing on mylar not less than three one-thousandths inches in thickness with all recording data thereon to be filed with the city engineer.

(b) One 35-millimeter microfilm copy filmed at a 24 to one reduction to be filed with city engineer, or fees in lieu thereof. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 14, 9-13-83. 1990 Code § 8-1424.)

Prior to the approval by the council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he/she shall complete all improvement work to the satisfaction of the city engineer, and providing that if he/she shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the city engineer. Such agreement may also provide:

(a) For the construction of the improvements in units.

(b) For extension of time under conditions therein specified.

(c) For progress payments to the subdivider or his/her order from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by Section 17.20.290; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment work; and provided, that each such installment of work shall be completed to the satisfaction of the city engineer.

(d) For the financing and construction of any or all such improvements under appropriate special assessment act proceedings, in which case the subdivider shall agree, in writing, to initiate and, so far as may be in his/her power, to consummate such proceedings, within such time as may be prescribed by the council. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1425.)

(a) The subdivider shall also file with the aforesaid agreement a faithful performance bond equal to an amount deemed sufficient by the city engineer to cover the cost of the improvements, or of the act to be performed, including engineering and incidental expenses, and by its terms made to inure to the city. An additional material and mechanics’ lien bond equal to an amount not less than 50 percent of the total estimated costs of the improvements or the performance of the required act shall be filed securing payment to the contractor, his/her subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act. An additional bond in an amount determined by the council upon the recommendation of the city engineer necessary 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, shall be filed. Such bonds shall be executed by a surety company authorized to transact a surety business in this state and shall be satisfactory to and be approved by the city attorney as to form. In lieu of the performance bond, at the option of and subject to approval by the city, the subdivider may deposit with the city clerk a cash deposit, negotiable bonds of the kind approved for securing deposits of public money, or an instrument of credit from a financial institution subject to regulations by the state or federal government, pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment to the city.

(b) Any guarantees or financial deposits shall include, in addition to the face amount of the security, an additional amount for costs and reasonable expenses, including attorneys’ fees, incurred by the city in successfully enforcing the obligation secured.

(c) If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the council may reduce the improvement security of the subdivider by the corresponding amount of the bonds furnished by a contractor providing for the faithful performance and payments for labor and materials required by the special assessment act being used.

(d) Such money, negotiable bond, or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the council.

(e) The security furnished by the subdivider may be released in whole or in part in the following manner:

(1) Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work, or the council may permit the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses. The council may permit the substitution of one form of security for another.

(2) Security securing the payment to the contractor, his/her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the performance of the act or the completion and acceptance of the work, be reduced to an amount equal to the total of all claims on which actions have been filed and notice thereof given in writing to the council, and if no such actions have been filed, the security shall be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the city council for such guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys’ fees.

(f) In all cases where the performances of the obligation for which the security is required is subject to the approval of another agency, the city council shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(g) Any liability upon the security given for the faithful performance of any act or agreement shall be limited to the following:

(1) The performance of the work covered by the agreement between the subdivider and the council or the performance of the required act.

(2) The performance of any changes or alterations in such work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.

(3) The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished in the performance of the agreement with the city council or the performance of the act.

(4) Costs and reasonable expenses and fees, including reasonable attorneys’ fees.

(h) Where the security is conditioned upon the payment to the contractor, his/her subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1426.)

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 costs of inspection, engineering, fees, and incidental expenses, the city shall call on the surety for reimbursement, or shall appropriate, from any cash deposits, funds for reimbursement. In any case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1427.)

No progress payments from cash deposits, or a release of a surety bond or cash deposit, shall be made except upon certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval of the council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1428.)