Chapter 16.44 — FEES, BONDS AND DEPOSITS

The following fees shall be paid at the time of filing the map:

A.

For a tentative subdivision or parcel map, the filing fee shall be eighty-five dollars, plus two dollars and twenty-five cents for each numbered lot, to be paid to the city clerk. The fee for filing a revised or alternative tentative map shall be the same as for a tentative map.

B.

For a final map, or a final parcel map, the filing fee shall be twenty-five dollars plus one dollar for each numbered lot, to be paid to the city clerk.

C.

For a reversion to acreage map, the filing fee for both the tentative and final map shall be seventy-five dollars to be paid to the city clerk.

D.

No refund or filing fee shall be made for any map or portion thereof deleted, withdrawn or abandoned.

(Prior code § 11-2-1201)

A.

The subdivider shall pay a fee 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 to be determined as follows:

On the first ten thousand dollars of the estimated cost of improvements, six percent;

On the next four hundred ninety thousand dollars of the estimated cost of improvements, three and one- half percent;

On the next four hundred ninety thousand dollars of the estimated cost of improvements, two percent;

On all estimated costs over one million dollars, one percent.

B.

The fees established by this section shall be based on reasonable improvement cost estimates made by 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 No adjustment in or refund of such fees shall be made once the fees have been paid; except when a final map is withdrawn, or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the subdivider to the city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. The fee for inspection services for any given subdivision shall be determined by mutual agreement.

D.

In the event the city council permits the required improvements to be financed by a proceedings under an appropriate special assessment act, the fees required by this section may be included as an incidental expense of such proceedings. The subdivider shall be refunded the amount of the fees required by this section to the extent that moneys for the inspection of improvement construction are available in the moneys provided by the special assessment act proceedings.

(Ord. 269 § 11(4), 1990; prior code § 11-2-1202)

The following fees, as provided by Section 27372 of the Government Code shall be paid to the city clerk to defray the costs of recording of any final map or map of record:

A.

For the first page, a fee of five dollars;

B.

For each page after the first, a fee of two dollars per page.

(Prior code § 11-2-1203)

The agreements referred to in Sections 16.32.020 through 16.32.140, 16.32.180, 16.36.400 through

A.

Improvement security equal in the amount of the estimated cost of all required work to secure the performance of all work as indicated in the agreement;

B.

Improvement security in the amount of fifty percent of the estimated cost of all required work to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for such improvement;

C.

Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities. The security shall not exceed an amount to fifty percent of the estimated cost of furnishing and installing the facilities. This security shall be in addition to any warranty required of the manufacturers of the electrical and mechanical equipment;

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 road which security shall be in an amount equal to the construction cost thereof;

E.

A bond or a cash deposit 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 Chapter 16.24.

F.

A bond or cash deposit 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 Chapter 5 of the Subdivision Map Act.

G.

In addition to any security required under this section the developer shall pay all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing the obligation secured.

(Ord. 269 § 11(5), 1990; prior code § 11-2-1204)

All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act and all faithful performance bonds, referred to in this title shall be furnished by a surety company authorized to write the same in the state and shall be subject to approval and acceptance by the city attorney.

(Prior code § 11-2-1205)

In lieu of any faithful performance bond required by this title, the subdivider may deposit with the city council, or deposit in an irrevocable escrow with a bank, savings and loan association or title company, a sum of money or negotiable bonds equal to the required amount of such bond or security for the faithful performance thereof. This may be released by the city in accordance with city council policy.

(Prior code § 11-2-1206)

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 bond with or without first causing such improvements to be completed. In the event of a cash deposit in lieu of a bond to secure the improvement agreement, the city council may, at its option, cause the improvement to be completed and retain the cost thereof out of the deposit. In the event the deposit is insufficient to pay the full cost of the improvement, the subdivider shall be liable for any balance.

(Prior code § 11-2-1207)

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

(Prior code § 11-2-1208)

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.

(Prior code § 11-2-1209)