Sec. 25-65. - Monument security.

To the extent permitted by Chapter 4, Article 9 of the Subdivision Map Act and this chapter, monuments may be set after the recording of the final map if the subdivider's engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and provided that the subdivider furnishes security pursuant to an agreement with the county guaranteeing the payment of the cost of setting the monuments.

Sec. 25-66. - Release of improvement securities.

(a)

Performance Security. The performance security for dedicated improvements shall be released only upon acceptance of the improvements by the county and when the approved warranty security has been filed with the county. The performance security for other improvements shall be released only upon satisfactory passage of final inspection and/or receipt of the engineer's certification of satisfactory completion as required for the improvement and when any required maintenance and/or warranty agreements and security have been delivered to the county.

(b)

Material and Labor Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, five (5) days after passage of the time within which claims of lien are required to be recorded pursuant to Civil Code Section 3114 et seq. and after acceptance of the work be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the county. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(c)

Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

(1)

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

(2)

Not less than twelve (12) months have elapsed since the acceptance of the improvements by the county or the filing of the notice of completion by the subdivider, whichever is later.

(d)

Monument Security. The monument security shall be released upon satisfactory completion of the monumenting work and receipt of evidence that the cost of the monumenting has been paid and that the engineer or surveyor doing such work has receipted for such payment.

(e)

Partial Release of Security. Partial release of performance security and material and labor security may be allowed by the board of supervisors once in connection with any improvements which have been bonded for under the provisions of the Subdivision Map Act of the Sonoma County Code. The partial release may occur no sooner than one (1) year after the security has been posted and is subject to the following rules:

(1)

A reduced security may be approved in an amount determined by the county surveyor, but in no case shall an amount less than twenty percent (20%) of the original amount of security be approved;

(2)

The reduced security shall be sufficient to cover the estimated cost of unfinished improvement work, possible damage to completed work which may occur prior to completion of all required improvements, the amount of material and labor security for work which has not been completed, and any reasonable expenses and fees including attorney and expert fees, incurred in enforcing the obligation secured.

(Ord. No. 3502 § 1.)