Chapter 22.80


22.80.005    Required improvement security.

22.80.010    Release of improvement security.

22.80.005 Required improvement security.

An improvement agreement, contract or act required or authorized by the Subdivision Map Act and this title, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act. The improvement security shall be one hundred (100%) percent of the total estimated cost of improvement or of the act to be performed and an additional fifty (50%) percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor and to persons furnishing labor, material or equipment to them, plus an amount determined by the Director as necessary to guarantee and warranty the work for one (1) year following its completion and acceptance against defective work, labor, or materials, plus such an additional amount to be determined by the City Attorney as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys’ fees, which may be incurred by the City in successfully enforcing the obligation secured. The estimated value of all private infrastructure and improvements required by the tentative map conditions shall be also be included in determining the required security amounts, unless expressly stated to the contrary in the tentative map conditions. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, including but not limited to Mello Roos Community Facilities Act of 1982 (Section 53311, et seq., of the Government Code) proceedings, the Director may, in his or her sole discretion, upon the furnishings by the contractor of a faithful performance bond and a labor and material bond, reduce the amount of the improvement security of the subdivider by an amount corresponding to the amount of such bonds furnished by the contractor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

22.80.010 Release of improvement security.

The security furnished by the subdivider may be released in whole or in part by the Director pursuant to Sections 66499.7 and 66499.8 of the Government Code; provided, however, no security given for the guarantee or warranty of work shall be released until the expiration of the guarantee or warranty period, and no release shall apply to costs, expenses or fees. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]