§ 16.16

If any improvements are not approved as complete by the department of public services at the time of approval of the final map or parcel map, the subdivider shall furnish good and sufficient security as set forth in Government Code Sections 66499 et seq.:

A.

In an amount not less than one hundred (100) percent of the total estimated cost of the improvements or of the acts to be performed, conditioned upon faithful performance of the acts or agreements;

B.

In an additional amount of not less than fifty (50) percent of the total estimated cost of the improvements or the performance of the required acts, to secure payment to the contractor, his or her subcontractors and others who furnish labor, materials or equipment to them for the improvements or performance of the required acts;

C.

In an additional amount, to be determined by the director of public services, necessary to guarantee and warranty the work for a period of one year, following the completion of the work and the acceptance of it for maintenance by the city, against any defective work or labor done or defective materials furnished. If the maintenance agreement is made with the contractor instead of the subdivider pursuant to subsection B of this section, the city may accept the security required by this section from the contractor.

(Ord. 97-98 § 15.16.060)

After the improvements are constructed or installed, and the subdivider has requested acceptance of them for maintenance by the city, the city council shall determine whether the improvements are satisfactory. After an agreement for maintenance is executed under Section 16.16.050 of this chapter, and security is delivered to the department of public services under Section 16.16.060 of this chapter, the city council may accept satisfactory improvements for maintenance by the city. If improvements offered for acceptance are found to be unsatisfactory, the council shall not accept them but shall direct the director of public services to advise the subdivider or his or her agent in writing of the deficiencies.

(Ord. 97-98 § 15.16.070)

Following the completion of improvements to be accepted by the city and prior to the filing of the final map or parcel map, the director of public services shall determine the actual cost of construction plan checking and city inspection services and advise the subdivider thereof. If that amount exceeds the estimate deposited with the director under Section 16.16.020 of this chapter, the subdivider shall pay the balance due to the director, and if the actual cost is less than the estimate, the director shall promptly refund the overpayment to the subdivider.

(Ord. 97-98 § 15.16.080)