Chapter 17.108 — IMPROVEMENT PLANS AND AGREEMENTS

This Chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

After the approval of a Tentative Map, the applicant shall diligently proceed to complete any work necessary to fulfill the conditions of approval.

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with Section 17.96.070 (Conditions of Approval) shall be installed in accordance with the City's Improvement Standards.

This Section provides procedures and criteria for the preparation and approval of improvement agreements, and standards for the types of security allowed to guarantee the proper installation of required subdivision improvements.

• A. Applicability. A subdivider may file a Parcel or Final Map before completion of all the improvements required by this article and conditions of approval of the Tentative Map, only when the subdivider first obtains City approval of a subdivision improvement agreement executed and submitted for City review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. The approval of a subdivision improvement agreement is entirely at the discretion of the City; and the City may require the completion of some or all improvements prior to the recordation of the Parcel or Final Map.

• B. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on a form provided by the City Engineer and approved by City attorney and shall include the following provisions.

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

  2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer.

  3. Completion by City. Provide that if the subdivider fails to compete 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 subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The costs and expenses may be recorded as a lien against all parcels within the subdivision.

  4. Surety requirement. Require the subdivider to secure the agreement by furnishing security as specified in subsection C of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider. The total cost of improvements to be guaranteed shall be as provided in the engineer's cost estimate approved by the City Engineer.

  5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

  6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the City, consistent with the requirements of subsection F of this Section.

  7. Progress payments or partial release. Provide for progress payments from surety deposits or partial release of agreement surety, at the option of the City, consistent with the requirements of subsection C of this Section; 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.

• C. 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:

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

     • a. A guarantee for "Faithful Performance," in the amount set forth in the City's Improvement Standards; and

     • b. A guarantee for "Materials and Labor," in the amount set forth in the City's Improvement Standards.

  2. Form of security. The required surety shall by consistent with those set forth in the City's Improvement Standards.

• D. Release of security. The security furnished by the subdivider shall be released as provided by Chapter 5 of the Map Act.

• E. Progress payments or partial release. No progress payment or partial release of surety shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily completed and the payment or release has also been approved by the City Council by at least four-fifths vote. 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.

• F. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the City only as follows:

  1. Work is in progress. The subdivider is proceeding to do the work required with reasonable diligence and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

  2. 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.

  3. Conditions. As a condition of granting a time extension, the City may impose whatever additional requirements the City deems reasonable to protect the public interest.

• G. Acceptance of improvements. Before acceptance for maintenance or final approval of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.