Tehama County Municipal Code Ch. 16.28 Improvements

A. Concurrently with the approval of the final map or parcel map, the subdivider shall enter into an agreement with the board of supervisors agreeing to have any uncompleted improvements completed within the time specified in the agreement.

B. The subdivider shall also enter into an agreement with the board of supervisors guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acknowledged completion of the improvements by the county engineer. No such agreement shall be required for any improvements if, at the time of approval of the final map or parcel map, more than twelve months have elapsed since acknowledged completion of those improvements by the county engineer. This agreement may be combined with the agreement required under subdivision (A), if any.

C. Said agreement may provide for extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revocation of all or part of the subdivision.

D. Additional security may be required upon the granting of an extension of the agreement by the board.

(Ord. 714 §1(part), 1975)

(Ord. No. 1914, §§ 3, 4, 12-16-2008)

A. The county engineer is hereby authorized to execute and administer, on behalf of the board of supervisors, any improvement agreements required under this chapter in connection with parcel maps approved by the county surveyor under Section 16.20.080 of this Code, and is further authorized to specify the amount and type of security required in connection with such improvement agreements, in accordance with the requirements of this chapter.

B. Any improvement agreement executed by the county engineer shall be in the precise form specified in the land development and engineering design standards adopted by resolution of the board of supervisors, and shall be approved as to form by the county counsel prior to execution.

C. Before any such improvement agreement is executed by the county engineer, the county counsel shall examine and approve any security provided by the subdivider under this chapter.

(Ord. No. 1914, § 5, 12-16-2008)

The improvement agreement referred to in Section 16.28.010 shall be secured by one of the following:

A. A bond or bonds by one or more duly authorized corporated sureties substantially in the form prescribed by the Subdivision Map Act;

B. A deposit either with the county or a responsible escrow agent to trust company selected by the county of cash or negotiable bonds of the kind approved for securing deposits of its public moneys;

C. An irrevocable instrument of credit from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the county.

(Ord. 714 §1(part), 1975)

The improvement security shall be provided in the amount of:

A. One hundred percent of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement;

B. One hundred percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

C. Large developments consisting of more than fifty lots shall provide security based on a surety bond and cash deposit outlined in the following table:

First fifty lots = Bond (per subsections A and B of this section)

Second fifty lots = Twentyfive percent cash plus bond

Third fifty lots = Fifty percent cash plus bond

Fourth fifty lots = One hundred percent cash

1. The board of supervisors may allow alternate methods of improvement security for more than one hundred fifty lots in lieu of one hundred percent cash deposit.

2. The above table will be used if the developer has not completed improvements required for the previously approved fifty lots.

D. The amount determined by the board of supervisors necessary to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished.

E. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety an additional amount shall be included as determined by the board of supervisors as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the county in successfully enforcing the obligation secured. The changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

(Ord. 714 §1(part), 1975)

The improvement security required hereunder shall be released in the following manner:

A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.

B. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the county engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

C. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. 714 §1(part), 1975)

Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the board of supervisors may, upon notice of not less than ten days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty days, served by registered mail addressed to the last known address of such person determined that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby to be paid to the county.

(Ord. 714 §1(part), 1975)