Sec. 21-12. - Filing agreements and bonds covering streets.

The subdivider or owner of the land embraced by every subdivision map and by every map of dedication shall, before presenting any final map to the board of supervisors, make, execute, acknowledge and deliver to the board of supervisors, in consideration of the acceptance of dedication, a valid warranty agreement and contract to improve all streets, highways and ways offered for public use, designating the same by the name and an appropriate description thereof, such improvements to consist of such structures, improvements and equipment as may be deemed necessary by the board of supervisors for the use of such streets, highways and ways, or the proper drainage thereof and may include domestic water supply, sewers, street grading and drainage, street lighting, street surfacing, sidewalks, curbs, storm drains, culverts and bridges when not covered by cash deposits or bonds of other public agencies. Actual work thereon shall be commenced not later than ninety days after the date the subdivision map is recorded, and all work shall be fully completed on or before two years after the date of such recordation. These time limits may be extended, by the board of supervisors upon recommendation of the planning commission, for additional one-year periods for good cause shown subject to conditions imposed to protect and preserve the public health, safety or general welfare.

The warranty agreement and contract shall specifically warrant and guarantee, among other things, that all street, water, sewer and storm drain improvements and equipment deemed necessary for the use of such subdivision or the proper drainage thereof and including, but not limited to, street surfacing, sidewalks, curbs, culverts and bridges, sewer and water systems, and storm drains, shall be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one year from and after acceptance of such improvements as completed by the road commissioner of the county. The subdivider shall agree in writing to repair any defects in any such improvements and to replace any defective improvements which cannot be repaired and which occur or arise within the one-year period, at his own expense.

Attached to the warranty agreement and contract hereinbefore provided, and accompanying the same as an integral part thereof and as security for the performance thereof, there shall be submitted to the board of supervisors:

(a)

A good and sufficient bond, acceptable by the board of supervisors, signed and executed by the subdivider or owner of the land as principal, not to exceed the estimated cost of the improvements, which bond, together with the warranty agreement and contract, shall by the terms thereof inure to and be in favor of the county and shall be conditioned for the faithful performance of the warranty agreement and contract.

(b)

In lieu of any bond, a deposit may be made, either with the proper governing body or a responsible escrow agent or trust company, subject to the approval of such governing body, or money or negotiable bonds of

the kind approved for securing deposits of public money. Upon the execution by the subdivider of either one of the aforesaid agreements or contracts and the posting of the required bond, or the deposit of the required money or negotiable bonds, the map of such subdivision shall forthwith be approved and accepted for recordation. Title to property so accepted shall not pass until the final map is duly recorded under the provisions of these regulations.

At such time as the road commissioner of the county shall accept all street improvements as completed, as aforesaid, he shall release eighty-five percent of the bond or return eighty-five percent of the deposit as the case may be. The remaining fifteen percent of the bond or deposit shall remain posted or deposited for a period of one year after such acceptance of street improvements to guarantee satisfactory performance and repair (or replacement, if necessary) of all such street improvements which fail under normal use because of defects in workmanship or materials. All of the bond shall be exonerated or all of the deposit returned if at the time the street improvements are accepted by the road commissioner a separate bond is posted to guarantee satisfactory performance and repair or replacement (if necessary) of all street improvements which fail under normal use because of defects in workmanship or materials within one year after the acceptance of such street improvements, which separate bond shall be in the amount of fifteen percent of the bond guaranteeing installation of such street improvements.

In calculating the amounts for bonds securing performance of the warranty, agreement and contract of the subdivider covering street improvements and drainage thereof, amounts shall be included to cover the full cost of proper excavation and proper back filling and tamping of all utility lines to be placed in the street rights-of-way, except that where such excavation, back filling and tamping are to be done by utility companies subject to regulation by the Public Utilities Commission of the state, and which have assets in excess of one million dollars, no such amounts shall be included unless the road commissioner of the county shall for good cause require inclusion of such amounts after written notice of such requirement shall first have been given to such utility company.

(Ord. No. 1722, pt. 2, § 6; Ord. No. 2076, § 1)