(A) Public streets. Where the conditions of the filing of the parcel map require improvements on existing city streets or on streets to be accepted for maintenance by the city, the following documents shall accompany the parcel map when presented to the Engineering Division;
(1) A subdivision agreement, to be executed by the subdivider or his agent, guaranteeing the completion of the construction of the improvements required by the governing body within a specified time and the payment thereof;
(2) A cash deposit, together with such additional surety, as required by the provisions of subdivision (1) of division (B) of § 9-4.506 of Article 5 of this chapter;
(3) A letter from the Tax Collector showing all payable taxes paid and a bond for the payment of taxes then a lien but not yet payable, as required by the Subdivision Map Act;
(4) The cash payment, or receipt thereof, of all fees required for the checking and filing of the maps and the inspection of the construction, payment for street signs to be furnished and installed by the city, and any other applicable fees or deposits;
(5) Deeds conveying easements or fees required for road or drainage purposes. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the required facility;
(6) Agreements acceptable to the city where street improvements are to be accepted by the city, executed by the owners of existing utility easements within the proposed street right-of-way, consenting to the dedication of the street or consenting to the joint use of the right-of-way as may be required by the city for the public use and conveyance of the street; and
(7) A parcel map improvement plan in accordance with the provisions of § 9-4.1208 of this article.
(B) Private streets. Where the conditions of the filing of the parcel map require the improvement of a private street which is to remain a private street, the following shall be submitted to the City Engineer:
(1) Four copies of the parcel map improvement plan, in accordance with the provisions of § 9-4.1208 of this article, showing the required improvements and any other topographical features affecting the improvements;
(2) An inspection fee in the amount of 3% of the value of the improvements required to be constructed; and
(3) After the approval of such plans, but prior to the sale of any lot, filing of a parcel map, or issuance of any building permit, the installation of improvements shall be completed and the work approved by the City Engineer, or an agreement secured by a cash deposit or a corporate surety bond in the amount of the estimated cost of the improvements shall be executed to assure completion of the improvements within one year after the date of approval.
(C) Disposition of cash bonds. If cash has been deposited as security and, because of failure in the performance of any term or condition, notice of default has been given, the principal shall comply with the notice within the time specified. In the event the work is not completed within the time specified, the City Engineer may use the deposited cash to have the required work done by contract or other means as determined by the City Engineer. The balance, after deducting the cost of the work, plus 10% for supervision, shall be returned to the principal. If the deposit is insufficient, the principal shall be liable for any deficiency.
(D) Right of entry.
(1) In the event of default in the performance of any term or condition of the permit, the surety or his agent, the City Engineer or any person employed or engaged by him shall have the right to go on the premises to complete the required work or make it safe.
(2) No person shall interfere with or obstruct the egress to or from the premises by any authorized representative or agent of any surety or of the city engaged in completing the work required by the agreement or in complying with the terms or conditions of the permit.
(E) Terms of surety bonds; completion. The term of each bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the agreement. Completion shall be evidenced by a certificate of completion, a copy of which shall be sent to any surety on request.
('66 Code, § 9-4.1207) (Ord. 275-C-S, passed 3-11-75) Penalty, see § 9-4.903