Ventura Municipal Code Art. 2 Streets and Other Public Improvements 3

3 Cross reference(s): Streets and other public ways and places, Title 18.

All street improvements, including any structures incidental thereto, storm drains and other drainage facilities, sewers, water mains, and grading shall be constructed to the grade and design shown on the improvement plans approved by the city engineer. (Code 1971, § 8261)

The location of the utilities not shown on the improvement plans shall be subject to the city engineer’s approval. (Code 1971, § 8262)

Plans for a street lighting system shall be submitted to the city engineer for their approval. All necessary arrangements for the design and installation of the system shall be made by the developer and the appropriate utility company. Such lighting shall be installed to the satisfaction of the city engineer. (Code 1971, § 8263)

The owner shall plant street trees of the type and in the manner required by the city department of parks and recreation and the owner shall furnish a bond to guarantee the proper planting. The amount of bond shall be determined by the department of parks and recreation in accordance with prevailing nursery prices and labor costs. (Code 1971, § 8264)

A. Form. No final map shall be presented to the council for approval until the subdivider has guaranteed the proper construction and installation of all required improvements, nor shall any person required to make improvements in any public right-of-way begin such work until a guarantee acceptable to the city engineer has been provided. The guarantee shall be in one of the following forms:

1. A bond filed with the city engineer in such amount as the city engineer shall estimate and determine to be reasonably necessary to complete all of the improvements required to be done by the subdivider. The bond may be in the form of a surety bond or a cash bond, or negotiable United States Treasury Certificates of the kind approved by law for securing deposits of a California municipal corporation. When applicable, the bond shall be executed by the subdivider as principal, and if a surety bond, shall be executed by a corporation authorized to act as surety under the laws of the state of California. The bond shall guarantee the faithful performance of any and all work and the construction and installation of all improvements required to be done by the subdivider. The bond shall further provide that should the subdivider fail to complete all work and improvements required to be done by the subdivider within a specified reasonable time, the city may, at its option, cause all required work to be done and improvements constructed. The parties executing the bond shall be firmly bound for the payment of all necessary costs therefor.

When the subdivider elects to deposit cash or approved negotiable United States Treasury Certificates, the city shall be authorized in the event of any default on the part of the subdivider in the performance of any work or construction of any improvements for which the cash or negotiable bonds were deposited, to use any or all of the cash or negotiable bonds to cause the required work to be done and for the payment of all costs therefor.

2. An agreement in the form acceptable to the city to deposit or cause to be deposited in depository, the cash amount from which progress payments for construction and installation of public improvements may be made to the contractor as the work progresses.

B. Guarantee Conditions. Every surety bond furnished and every contract under which a deposit is made to secure and guarantee the construction and completion of the improvements required to be done by the subdivider shall further provide that the surety executing such bond, or making such deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred by the city in causing any and all such required work to be done, and that said surety or depositor, respectively, assents to any lawful extensions of time within which to construct and complete such improvements that may be granted to the subdivider.

C. Release. When a substantial portion of the required improvement has been completed to the satisfaction of the city engineer and the completion of all remaining improvements is delayed due to conditions beyond the control of the subdivider, the city engineer may accept the completed portion of the improvement and consent to a proportionate reduction of the surety bond to an amount estimated and determined by the city engineer to be adequate to assure the completion of the required improvements remaining to be done.

Whenever the subdivider deposits cash or approved negotiable United States Treasury Certificates, the deposit by its terms may provide for the acceptance of the work as it progresses and for partial withdrawal of the deposit of the money or negotiable certificates upon certification by the city engineer that the completed portion of the work is accepted by the city, and that sufficient money or negotiable certificates remain on deposit to assure the completion of all of the required improvements remaining to be done.

D. Term of Every Bond. The term of every bond filed pursuant to the provisions of this article shall begin on the date of the deposit of the cash or negotiable certificates, or filing of the surety bond, and shall end upon the date of the completion, to the satisfaction of the city engineer, of all the improvements required to be made by the subdivider. The fact of completion to the satisfaction of the city engineer shall be established by a certification to that effect signed by the city engineer, and in no other manner. A copy of the certificate shall be furnished to the surety, if any, and to the subdivider if the subdivider’s address is on record. Upon the furnishing of such certificate by the city engineer, the cash deposit or negotiable certificates shall be returned to the subdivider or persons legally entitled thereto, or the surety bond released.

E. Refunds. Whenever the city elects to have the work done because the subdivider has failed, neglected, or refused to do the work, or has done the work improperly, the amount of deposit or negotiable certificates in excess of the cost of having the work properly completed shall be refunded to the subdivider after the work has been accepted by the city engineer.

F. Guarantee of Work After Acceptance. By a bond acceptable to the city engineer, the subdivider shall guarantee all materials and workmanship on the improvements the subdivider has completed for a period of one year after the improvements have been accepted by the city. The guarantee amount shall be 10 percent of the bond amount that was required for construction.

G. Responsibility. As between the city and the subdivider, subdivider shall at all times assume and bear all responsibility for the subdivision, for all subdivision work, for compliance with the Subdivision Map Act and this chapter, and for any and all errors or omissions, and shall agree to indemnify and hold the city harmless, including assuming the defense of any litigation and all costs attendant thereto, with respect to any injuries or damages that may result due to any act or omission, or failure to comply, by subdivider or anyone acting on subdivider’s behalf. No act by the city, or its representatives, in processing or accepting any plan or map, in releasing a bond, in inspecting or accepting improvements, or of any other nature, shall in any respect relieve the subdivider, or anyone else, from any legal responsibility, obligation or liability the subdivider might otherwise have. (Code 1971, § 8265)