Livingston Municipal Code Ch. 12 Fees, Bonds and Deposits

Filing fees as established by resolution of the City Council shall be paid at the time of filing of subdivision maps and parcel map waiver certificates. No refund of filing fee shall be made for any map or portion thereof deleted, withdrawn or abandoned.

(Ord. 295, passed 2-4-1986)

(A) The subdivider shall pay a fee as established by the City Council resolution for checking the improvement plans and inspecting all proposed improvements controlled by the city prior to the submission of the final map to the City Council.

(B) The fees established by this section shall be based on reasonable improvement cost estimates made by the Planning Director in concert with the City Engineer. No adjustment in or refund of such fees shall be made once the fees have been paid; except when a final map is withdrawn, or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the subdivider to the City Council.

(C) The City Council may retain qualified consulting engineers for the performance of any part of the inspection services.

(D) In the event the City Council permits the required improvements to be financed by a proceedings under an appropriate special assessment act as provided for in Subdivision Map Act, Cal. Gov’t Code § 66462(a)(2), the fees required by this section may be included as an incidental expense of such proceedings. The subdivider shall be refunded the amount of fees required by this section to the extent that monies for the inspection of improvement construction are available in the monies provided by the special assessment act proceedings.

(Ord. 295, passed 2-4-1986)

Fees, as provided by Cal. Gov’t Code §§ 27361 and 27372, shall be paid to the City Clerk to defray the costs of recording of any final map, parcel map or certificate of waiver.

(Ord. 295, passed 2-4-1986)

Agreements and requirements referred to in § 6-10-40 of this title shall be accompanied by security to guarantee performance as follows:

(A) Improvement security in the amount of 100% of the total estimated cost of all required work as indicated in the agreement or requirements for the purpose of securing the performance of said work;

(B) Improvement security in the amount of 100% of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements;

(C) Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective materials furnished, in the performance of the agreement with the Council or the performance of the act. Said security shall not exceed an amount equal to 20% of the estimated cost of furnishing and installing said facilities. This security shall be in addition to any warranty required of the manufacturer;

(D) Improvement security to secure the maintenance of a private road for a period of one year after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the private work which security shall be in an amount equal to the construction thereof;

(E) Security in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the final map is filed as specified in § 6-7-25(D) and (E) of this title;

(F) Security in the estimated amount of taxes, and special assessments collected as taxes which are a lien but which are not yet payable as referred to in Subdivision Map Act, Cal. Gov’t Code § 66493; and

(G) As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney fees, incurred by the local agency in successfully enforcing the obligation secured.

(Ord. 295, passed 2-4-1986)

Whenever this title authorizes or requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following at the option of and subject to the approval of the City Council:

(A) Bond or bonds by one or more duly authorized corporate sureties;

(B) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the City Council, of money or negotiable bonds of the kind approved for securing deposits of public monies;

(C) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; and

(D) A lien upon the property to be divided, created by contract between the owner and the city, if the City Council 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 map.

(Ord. 295, passed 2-4-1986)

If the subdivider fails to complete the improvements in the time specified or an extension thereof, the City Council may take appropriate legal action against the subdivider and his or her security, with or without first causing such improvements to be completed. In the event the security is insufficient to pay the full cost of the improvements, the subdivider shall be liable for any balance.

(Ord. 295, passed 2-4-1986)

It shall be the duty of the Director of Public Works or City Engineer to inspect all improvements installed and monuments set as to their compliance with this title and city standards. No security given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the Director of Public Works or City Engineer certifies compliance thereto.

(Ord. 295, passed 2-4-1986)

(A) Security given for faithful performance of any act or agreement shall be released upon the final completion of the act of the work encompassed by the agreement and the acceptance of the act or work by resolution of the City Council.

(B) 1. Security securing payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment shall six months after the performance of the act or the completion of the work and its acceptance by resolution of the City Council, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City Council, and if no such actions have been filed, the security shall be released in full.

2. Such releases shall not apply to any required guarantee and warranty period, nor to cost and reasonable expenses and fees, including reasonable attorney fees.

(C) In all cases where the performance 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.

(Ord. 295, passed 2-4-1986)