Madera County Municipal Code Ch. 17.56 Improvement Standards and Procedures—agreement and Bond

Footnotes:

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Editor's note— Ord. No. 278U, § 1 (Exh. A), adopted February 7, 2012, amended Chapter 17.56 in its entirety to read as herein set out. Former Chapter 17.56, §§ 17.56.010, 17.56.020, pertained to similar material, and derived from Ord. No. 278, 1963; Ord. No. 278-A, 1964; Ord. No. 278-E, 1966; Ord. No. 278N, 2004 and Ord. No. 278-P, 2005.

A. After approval of all utility improvement plans and street improvement plans, specifications and construction programs by the county engineer and/or the county road commissioner, but prior to filing of the tracing of the final map with the planning department, the owner or subdivider shall execute and file an agreement or agreements, in such form as the county may direct, between himself and the county specifying the period within which he shall complete all said improvement work to the satisfaction of the county, and providing that if he fails to complete such work within such period, the county may complete the same and recover the full cost and expense thereof from the subdivider.

B. At the time of filing the agreement, the subdivider will deposit with the county an acceptable security as follows:

1. Required Security. Improvement security must be furnished to guarantee that the improvement work or act specified in the agreement or contract identified in Section 17.56.010(A), will be completed and that all stakes and monuments will be set as may be required pursuant to the provisions of this chapter.

2. Performance Security. The improvement security for faithful performance shall be in the amount of one hundred percent of the total estimated cost of the improvement or act to be performed.

3. Payment Security. The improvement security for payment shall be in the amount of fifty percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.

4. Warranty Security. Upon performance of the act or final completion and acceptance of the required work, the following amount, in the form of cash or a certificate of deposit, shall be retained by or furnished to the county as security for 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:

a. Five percent of the first fifty thousand dollars of the total estimated cost of the improvement or act to be performed; plus

b. Three percent of the next fifty thousand dollars; plus

c. One percent of the next four hundred thousand dollars; plus

d. One-half of one percent of the total estimated cost of the improvement or act to be performed exceeding five hundred thousand dollars.

In the event the subdivider duly performs each phase of the agreement at the time and in the manner therein prescribed, the county may release that portion of the funds to the subdivider for the performance of each phrase of the construction. In the event the subdivider defaults in any phase of the construction, then, in that event, the county may determine forthwith to proceed with the construction of the work and use the money so deposited for such construction. The phases of work referred to in this subsection relate to the time schedule for the installation of improvements which was filed with the final map and signed by the road commissioner and county engineer. Provided further, that any such money so deposited with the county shall not draw interest and is on deposit solely for the benefit of said subdivision.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Security required pursuant to this section shall be in such form as may be required by the county engineer, approved by the county counsel and the board of supervisors, and shall be by bond, or bonds by one or more duly authorized corporate sureties, certificate of deposit, instrument of credit, standby letter of credit, cash deposit or interest in real property secured by deed of trust as provided in Section 17.56.030 below.

A. The amount of the improvement security shall not exceed one hundred percent of the estimated cost of the improvements to be secured.

B. The improvement security requirement may be satisfied through any combination, at the election of the applicant/developer, of surety bond(s), certificate(s) of deposit, letter(s) of credit, or cash in a form acceptable to the county.

C. The applicant/developer may, at any time and at its sole discretion, substitute forms of security acceptable to the county.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. In lieu of the security in Section 17.56.020, at the time of filing the agreement, the county may enter into an agreement with the developer. The terms of the agreement shall be as follows.

B. The title of the subdivided property shall be placed in trust along with an agreement between the trustee and the county that title to any lot or parcel within the subdivision will not be transferred until written approval is given by the county for the release or partial release of property held in trust. The county will not authorize any release until the necessary improvements have been completed.

C. The agreement must contain an accurate legal description of the subdivision.

D. Special conditions or improvements unique to the subdivision shall be listed in an attached exhibit.

E. The agreement must be recorded at the time of final map recordation.

F. The agreement must provide authorization for county to abandon the subdivision final map and convert the property to unsubdivided land if the required improvements fail to be installed in compliance with the county's standard specifications within three years:

1. The resource management agency director, under authority vested by the board of supervisors, may extend the time specified to complete improvements for one year if the purposes of these regulations would still be served.

2. The board of supervisors, in its absolute discretion, may extend the time specified to complete improvements for additional terms if the purposes of these regulations would still be served.

G. If the subdivision is sold, a new assurance agreement shall be executed concurrently with the sale.

H. Assurances shall be released as follows:

1. After final map approval, lots for five model homes per phase can be permitted to the developer or duly authorized sales representative prior to completion of improvements. These homes shall not be sold to individual property owners or occupied for residential use until they are released for sale. Model homes will be permitted by phase and additional model homes shall not be permitted for subsequent phases until improvements are completed in the previous phase.

2. Upon the recommendation of the resource management agency director, under authority vested by the board of supervisors, may release assurances upon a determination that all improvements are completed in accordance with all conditions of final map approval.

3. The resource management agency director shall record a form in the county recorder's office indicating which lots have been released from an assurance agreement within a recorded subdivision.

4. Partial releases shall only be approved for completed phrases.

(Ord. No. 278V, § 2, 10-28-14; Ord. No. 278U, § 1 (Exh. A), 2-7-12).