Chapter 16.10 — 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 No refund of filing fee shall be made for any map or portion thereof deleted, withdrawn or abandoned.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. 87-2 §1(part), 1987).

The subdivider shall pay a fee as established by the city council resolution for any environmental documents pursuant to the California Environmental Quality Act.

(Ord. 87-2 §1(part), 1987).

A.

The subdivider shall pay a fee as established by 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 city engineer. No adjustment in or refund of such fees shall be made once the fees have been paid.

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 proceedings under an appropriate special assessment act as provided for in Section 66462 of the Subdivision Map 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 monies for the inspection of improvement construction are available in the monies provided by the special assessment act proceedings.

(Ord. 87-2 §1(part), 1987).

Fees, as provided by Section 27361 and 27372 of the Governmental Code, shall be paid to the city administrator to defray the costs of recording of any final map, parcel map, or certificate of waiver.

(Ord. 87-2 §1(part), 1987).

A.

Requirements for the construction of offsite and onsite improvements shall be noticed by certificate on the final or parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the final or parcel map being filed for record.

B.

Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the city or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the city.

C.

Agreements as to the time for the construction of required improvements as provided above may be entered into by mutual agreement of the city and the subdivider. Such agreements shall be approved by the city council at the time of approval of the final subdivision or parcel map.

D.

Conditions of approval requiring improvements by a time specific and agreements as to the time for the construction of required improvements shall be accompanied by security to guarantee performance as provided in Chapter 16.12.

(Ord. 87-2 §1(part), 1987).

Agreements and requirements referred to in Section 16.10.050 and in Section 16.08.390 shall be accompanied by security to guarantee performance as follows:

A.

Improvement security in the amount of one hundred percent of the total estimated cost of all required work as indicated in the agreement or requirements for the purpose securing the performance of said work;

B.

Improvement security in the amount of fifty percent 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.

Improvements 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, in the performance of the agreement with the council or the performance of the act. Said security shall not exceed an amount equal to twenty-five percent 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 cost 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 subsections C and D of Section 16.06.210;

F.

As a 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's and administration fees, incurred by the local agency in successfully enforcing the obligation secured.

(Ord. 87-2 §1(part), 1987).

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 types of security included in Section 66499 of the Subdivision Map Act at the option of and subject to the approval of the city council.

(Ord. 87-2 §1(part), 1987).

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. 87-2 §1(part), 1987).

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 security 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.

(Ord. 87-2 §1(part), 1987).

A.

Security given for faithful performance of any act of agreement shall be released upon the performance of the act or final completion and acceptance of the required work or the city council may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work approved by the city engineer as the work progresses, by resolution of the city council.

B.

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.

C.

Such release shall not apply to any required guarantee and warrantee period nor to the amount of the security deemed necessary by the city council for such guarantee and warrantee period, nor to cost and reasonable expenses and fees, including reasonable attorney's fees.

D.

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. 87-2 §1(part), 1987).