Chapter 16.16 — IMPROVEMENT AGREEMENTS AND SECURITY

[16.16.005 - Filing a final map.]

An applicant may file a final map before completion of all the improvements required by this title and conditions of approval of the tentative map, only when the applicant first obtains city council approval of a subdivision improvement agreement executed and submitted for city council review by the applicant, and provides the city performance security as required by this chapter.

(Ord. No. 698, § 4, 10-14-15)

A subdivision improvement agreement shall be submitted in a form approved by the city engineer and the city attorney and shall include, but not be limited to, the following provisions.

A.

Description of Improvements. A description of all improvements to be completed by the applicant, with reference to the approved subdivision improvement plans.

B.

Time limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer.

C.

Completion by City. Provided that if the applicant fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the applicant or the surety, including any attorney and legal fees associated with enforcement of the agreement.

D.

Surety Requirement. Require the applicant to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers. The amount of surety shall be based on an engineer's cost estimate submitted by the applicant and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

E.

Phased Construction. Provisions for the construction of improvements in units, at the option of the applicant.

F.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the applicant, consistent with the requirements of Section 16.16.030 (Time extensions).

G.

Progress Payments or Partial Release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the applicant, in compliance with the requirements of Section 16.16.020 (Security required to guarantee improvements) provided that no progress payment or partial release shall be construed to be acceptance by the city of any portion of the required improvements or any defective work or improper materials.

(Ord. No. 698, § 4, 10-14-15)

16.16.020 - Security required to guarantee improvements.

A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

A.

Type of Security. Subdivision improvement agreements shall be secured by all of the following:

1.

A guarantee for "faithful performance," in the amount of ten percent of the engineer's estimate;

2.

A guarantee for "materials and labor," in the amount of ten percent of the engineer's estimate;

3.

Five thousand dollars for survey; and

4.

A one-year guarantee and warranty for work in the amount of ten percent of the engineer's estimate.

B.

Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in Section 16.16.020 (Security required to guarantee improvements).

1.

A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

A bond or bonds executed by one or more duly authorized corporate sureties;

3.

An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

4.

A lien upon the property to be divided, created by contract between the owner and the city, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the final map; or

5.

Any form of security, including security interests in real property, which is acceptable to the city.

C.

Progress Payments or Partial Release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the city engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the city council. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

(Ord. No. 698, § 4, 10-14-15)

An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the city council only as follows:

A.

Public Works Report. The city engineer notifies the city council that either the applicant is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

B.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

C.

City Council Action. The city council may as a condition of granting a time extension, impose whatever additional requirements the city council deems reasonable to protect the public interest.

(Ord. No. 698, § 4, 10-14-15)

Before acceptance for maintenance or final approval by the city council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. No. 698, § 4, 10-14-15)

Chapter 16.17 - SOILS REPORTS

[16.17.005 - In general.]

When required by the city engineer, soils reports shall be provided by the applicant as required by this chapter.

(Ord. No. 698, § 4, 10-14-15)