Article V — Agreement And Bond For Improvements

Upon the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city specifying the period within which he shall complete all improvement work to the satisfaction of the city engineer, and providing that if he fails 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 and reimbursement of the city engineer and reimbursement of the city by the subdivider for the cost of such inspection. Such agreement may also provide (a) for the construction of the improvements in units; (b) for an extension of time under conditions therein specified; (c) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider; and (d) for progress payments to the subdivider, or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer.

(1966 Code § 9060; 1976 Code § 10-3.501; Ord. 69 § IV)

The subdivider shall also file with the aforesaid agreement, to assure his full and faithful performance thereof, a security as defined in the Subdivision Map Act for such sum as is by the city engineer deemed sufficient to cover the cost of said improvements, engineering, inspection and incidental expenses. Such security as defined in the Subdivision Map Act shall be executed by a surety company authorized to transact a surety business in the state and must be satisfactory to and be approved by the city attorney as to form and by the city manager or administrator or engineer as to sufficiency. In lieu of said security as defined in the Subdivision Map Act, the subdivider may deposit with the city's director of finance cash money in an amount fixed as aforesaid by the city engineer.

(1966 Code § 9061; 1976 Code § 10-3.502; Ord. 730 § 1(I); Amended by Ord. 343 § 14 ; Ord. 69 § IV)

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this chapter and the city has completed same, or if the subdivider fails to reimburse the city for the cost of inspection, engineering and incidental expenses, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of the security as defined in the Subdivision Map Act or cash deposit exceeds all cost and expense incurred by the city, it shall release the remainder of such security as defined in the Subdivision Map Act or cash deposit, and if the amount of the security as defined in the Subdivision Map Act 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. (1966 Code § 9062; 1976 Code § 10-3.503; Amended by Ord. 343 § 14; Ord. 69 § IV)

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City of Millbrae, CA § 10.15.390

MILLBRAE CODE

§ 10.15.390

No extension of time, progress payments from cash deposits, or releases of security as defined in the Subdivision Map Act or cash deposit shall be made, except upon certification by the city engineer that work covered thereby has been satisfactorily completed and upon recommendation of the mayor and approval of the city council.

(1966 Code § 9063; 1976 Code § 10-3.504; Amended by Ord. 343 § 14; Ord. 69 § IV)

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City of Millbrae, CA

PLANNING AND ZONING

§ 10.15.400

§ 10.15.410