26.28 — PUBLIC IMPROVEMENT REQUIREMENTS

Prior to any construction of improvements and/or land alteration required, the subdivider shall have complied with and performed the requirements of Sections 26.28.020 through 26.28.060. (Ord. 125 § 1, 1976, Exhibit A § 26.9-1)

The subdivider shall file with the city engineer detailed plans and specifications for all improvements or land alteration together with a detailed cost estimate approved by the city engineer and an estimate of time reasonably necessary to complete the same. In addition, the subdivider may be required to file detailed soil reports which shall be approved by the city engineer prior to commencement of any work. (Ord. 125 § 1, 1976, Exhibit A § 26.9-2)

The subdivider shall enter into a contract with the city to make, install and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvements and/or land alteration in accordance with approved plans. (Ord. 125 § 1, 1976, Exhibit A § 26.9-3)

The subdivider shall file surety to guarantee completion of improvements in accordance with the improvement agreement as follows:

• A. A faithful performance surety in an amount deemed sufficient by the city engineer to cover up to one hundred percent of the total cost of all required on-site and adjacent off-site improvements including twenty-five percent of grading and slope planting expenses as applicable;

• B. A payment surety in a like amount;

• C. A monumentation surety in an amount stipulated by the subdivider's engineer to cover the cost of placing lot corners and other related monuments. The surety shall be drawn and utilized in conformity with Article 9, Chapter 4 of the Map Act;

• D. If the required improvements are financed and in stalled pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bonds required by the special assessment act being used, the city may reduce the improvement security of the subdivider by an amount corresponding to the amount of such bonds so furnished by the contractor.

• (Ord. 125 § 1, 1976, Exhibit A § 26.9-4)

Surety may be one of the following types subject to the approval of the council as to type and the city attorney as to form:

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City of Palm Desert, CA § 26.28.050

PALM DESERT CODE

§ 26.28.090

• A. All bonds shall be executed by a surety company authorized to transact a surety business in California;

• B. In lieu of the faithful performance and payment bonds, the subdivider may submit cash deposits under the conditions described in this subsection.

Disbursements from cash deposits shall be made in accordance with separate agreement between the subdivider and the city;

• C. In lieu of the faithful performance and payment bonds or cash deposits, the subdivider may submit instruments of credit under the conditions described in this subsection. Such instruments of credit shall be issued by a financial institution subject to regulation by the state or federal government in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. An instrument of credit shall be accompanied by a current statement of assets and a resolution of the board of directors of the responsible organization authorizing the issuance and the amount of the letter. An instrument of credit shall be accompanied by a statement setting forth the date upon which the responsible organization was established.

• (Ord. 125 § 1, 1976, Exhibit A § 26.9-5; Ord. 1247 § 2, 2012)

The city clerk shall not endorse or sign its certificate contained on the final map unless and until improvement security as specified in Section 26.28.050 has been posted. (Ord. 125 § 1, 1976, Exhibit A § 26.9-8)

The requirements stipulated in Sections 26.28.010 through 26.28.060 are applicable to any parcel split for which the installation of any improvements, grading or special fees are required as a condition of approval.

(Ord. 125 § 1, 1976, Exhibit A § 26.9-9)

No final map shall be presented to the council for acceptance until the requirements of this chapter have been approved and until all charges established by the council and pertaining to the property being subdivided have been paid.

(Ord. 125 § 1, 1976, Exhibit A § 26.9-10)

Should the subdivider desire to do certain work prior to entering into an agreement with the city to install and complete all improvements and land alteration work, he may make an application to do so under a special permit. This application shall be accompanied by detailed plans describing the work which is proposed. The city engineer may issue a special permit to the subdivider or his contractor upon application of the subdivision applicant, provided a bond has been posted in an amount which would assure the rehabilitation of the land, including grading and planting, in the event the subdivision map is not recorded. The performance bond and contractor's qualifications

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.28.090

§ 26.28.140

shall be as provided in this title.

When the special permit is for all work required in connection with the subdivision and the work has been completed, the agreement as designated in this section will not be required. (Ord. 125 § 1, 1976, Exhibit A § 26.9-11)

Surety may be released in the following manner: Before surety is finally released for faithful performance, the subdivider shall post a maintenance guarantee as specified in this chapter. (Ord. 125 § 1, 1976, Exhibit A § 26.9-12)

Progress payments may be made to the subdivider from any deposit money or instrument of credit which the subdivider may have made in lieu of providing a surety bond; provided, however, that no such progress payment shall be made for more than ninety percent of value of any installment of work; and provided, that the aggregate amount thus paid is not in excess of fifty percent of the total amount posted as improvement security. No progress payments from cash deposits shall be made except upon joint certification by the city engineer and the subdivider that work covered thereby has been completed.

(Ord. 125 § 1, 1976, Exhibit A § 26.9-12.01)

Improvement security given for faithful performance of the agreement may be released upon recordation of the notice of completion for the work unless provision is made for partial release as work progresses under separate written agreement. The payment surety shall be retained to secure payment to the contractor, his or her subcontractors and to persons renting equipment or furnishing labor or material for six months after completion and acceptance of the work. Following such six-month period, this payment security may 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.

(Ord. 125 § 1, 1976, Exhibit A § 26.9-12.02)

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the improvement agreement and the city shall have to complete same, the city shall call on the surety for reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of the surety bond, cash deposit or instrument of credit exceeds all costs and expenses incurred by the city, it shall release the remainder of such bond, cash deposit or instrument of credit, and if the amount of the surety bond, cash deposit or instrument of credit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 125 § 1, 1976, Exhibit A § 26.9-12.03)

The subdivider shall guarantee all improvements for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising during the period as a

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City of Palm Desert, CA § 26.28.140

PALM DESERT CODE

§ 26.28.140

result of the acts or omissions of the subdivider, his agents or employees. The improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for improvements. The city shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the city may cause the work to be performed and call on the surety for reimbursement. The maintenance bond shall be submitted prior to final acceptance of the improvements by the city. (Ord. 125 § 1, 1976, Exhibit A § 26.9-12.04)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.30.010

§ 26.30.010