Chapter 17.32
AGREEMENT AND BOND FOR IMPROVEMENTS
Sections:
17.32.030 Reimbursement to City for completing work.
17.32.010 Agreement.
Upon the approval by the City Council of the final map the subdivider shall execute and file an agreement between himself and the City, specifying the period within which he or his agent or contractor shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he shall fail to complete the work within such period the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement to the City by the subdivider for the cost of such inspection. The agreement may also provide: (A) for the construction of the improvements in units; (B) for an extension of time under conditions therein specified; (C) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in the agreement and required to be constructed by the subdivider; and (D) for progress payments to the subdivider, or his order from any deposit money which the subdivider may have made in lieu of providing a surety bond as provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment of work; and provided, that each such installment of work shall be completed to the satisfaction of the City Engineer. (Ord. 178 § 4.51, 1959)
17.32.020 Bond.
The subdivider shall also file with the aforesaid agreement, to assure his full and faithful performance thereof, a bond for such sum as is, by the City Engineer, deemed sufficient to cover the cost of the improvements, engineering, inspection and incidental expenses, and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivision. Such bond shall be executed by a surety company authorized to transact a surety business in the State of California, and must be satisfactory to and be approved by the City Attorney as to form, and by the City Engineer as to sufficiency. In lieu of the bond the subdivider may deposit with the City Treasurer cash money in the amount fixed as aforesaid by the City Engineer. (Ord. 178 § 4.52, 1959)
17.32.030 Reimbursement to City for completing work.
In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title, and the City shall have completed same, or if the subdivider shall fail to reimburse the City for the cost of inspection, engineering and incidental expenses, and to cover cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, the City shall call on the surety for reimbursement or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it shall release the remainder of the bond or cash deposit, and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for the difference. (Ord. 178 § 4.53, 1959)
17.32.040 Extension of time.
No extension of time progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed and approved by the City Council. (Ord. 178 § 4.54, 1959)