Step 1 | Applicant meets with zoning official and creates improvement agreement. |
Step 2 | City attorney reviews and approves/modifies agreement. |
Step 3 | Improvement agreement submitted to city council with final map application for acceptance. |
A. Completion Of Improvements:
1. Required: Except as provided below, before the map is signed as final by the city engineer, all applicants shall be required to complete, to the satisfaction of the public works director, all street, utility, public utility or association maintained improvements. Additionally, all applicants must complete lot improvements on the individual residential lots of the subdivision or addition as required by these regulations to the satisfaction of the zoning official. The required improvements shall be those specified in the approved tentative or final map.
2. Deed In Escrow: As a condition of final map approval, the city council may require the applicant to deposit in escrow a deed describing by metes and bounds and conveying to the city all street rights of way, easements and public land required by these regulations, pending acceptance of improvements by the city and recordation of the final map. In the event the applicant is unable to complete the required improvements, and such improvements are deemed necessary for the preservation of the public health and safety, the city may compel the delivery of the deed in order to complete the improvements as required.
B. Improvement Agreement; Guarantee Of Completion Of Public Improvements:
1. Subdivision Improvement Agreement: The city engineer may waive the requirement for the completion of required improvements if the applicant enters into a subdivision improvement agreement by which the applicant covenants and agrees to commence work upon the required improvements within thirty (30) days of the date upon which the final map is signed by the city engineer and to complete all required improvements no later than one year following the date upon which the final map is signed by the city engineer. The public works director, city engineer or zoning official may require the applicant to complete and dedicate some required public improvements prior to approval of the final map and to enter into a subdivision improvement agreement for completion of the remainder of the required improvements during such one year period. The city attorney shall approve any subdivision improvement agreement as to form.
2. Covenants To Run With Land: The subdivision improvement agreement shall provide that the covenants contained therein shall run with the land and bind all successors, heirs and assignees of the applicant. The subdivision improvement agreement shall be recorded with the county recorder's office. All existing lienholders shall be required to subordinate their liens to the covenants contained in the subdivision improvement agreement.
3. Performance Security:
a. Whenever the city engineer permits an applicant to enter into a subdivision improvement agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public and public utility or association maintained improvements. The amount of the surety bond may be reduced to exclude public utility improvements upon the presentation of an executed contract with each public utility agreeing and obligating to provide such improvements. The security shall be in the form of a cash escrow or a surety bond or other surety as approved by the city attorney.
b. The cash in lieu or surety bond shall be in an amount estimated by the city engineer as reflecting one hundred percent (100%) of the cost of the improvements in the approved construction plan, together with a five percent (5%) contingency and shall be sufficient to cover all promises and conditions contained in the subdivision improvement agreement.
c. In addition to all other security, when the city participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the city as a co-obligee.
d. All performance bonds or other surety bonds or other surety shall be with agencies, firms or insurers rated at least an A or A- per "AM Best" ratings.
e. Existing sureties which are with firms, agencies or insurers rates less than A or A- per "AM Best" rating must be replaced within ninety (90) days of enactment of the ordinance codified herein.
4. Escrow Agent: If security is provided in the form of a cash escrow, the applicant shall deposit the security with a bank or credit union, a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the zoning official.
5. Accrual: The surety bond or cash escrow account shall accrue to the applicant.
6. Reimbursement: Where oversized facilities are required by the city, the city and applicant shall specify a reimbursement procedure in the subdivision improvement agreement.
C. Maintenance Bond:
1. Type: The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year from the date of city acceptance of such improvements. The maintenance guarantee shall be secured by a surety bond or cash escrow in an amount reflecting ten percent (10%) of the cost of the completed improvements.
2. Agreement: If the applicant has entered into a subdivision improvement agreement for the completion of required improvements, an appropriate percentage of the performance bond or cash escrow may be retained by the city in lieu of a maintenance bond.
3. No Agreement: If the applicant has not entered into a subdivision improvement agreement, the applicant shall guarantee of the improvements as required by this subsection. A surety bond or cash escrow totaling ten percent (10%) of the costs of the completed improvements shall be provided by the applicant.
D. Temporary Improvements: The applicant shall construct and pay for all costs of temporary improvements required by the city and shall maintain said temporary improvements for the period specified.
E. Governmental Units: Governmental units to which these improvement and security provisions apply may file, in lieu of the agreement and security, a certified resolution or ordinance by the officers or directors authorized to act on their behalf, agreeing to comply fully with all applicable provisions of these regulations.
F. Cost Of Inspection And Testing:
1. Deposit Required: The applicant shall, in addition to the above surety, provide a deposit as shown on the bond estimate for the estimated cost of the public, public utility or association maintained improvements to provide for the inspection and materials testing during the construction of said public improvements. This deposit shall be utilized by the city to pay the costs of these services and the city may add a reasonable surcharge (10 percent or more) to the costs of any such services provided by other than city employees (outside services) to cover the administrative costs of hiring and coordinating the outside services. If the deposit proves insufficient to cover said costs, the applicant shall be billed for added costs and no occupancies shall be issued until all such fees are paid in full.
2. Contract: In lieu of the inspection services deposit, the applicant may provide the city with an executed contract providing for the inspection and testing services by a Nevada registered civil engineer. In such cases, a final report, including daily logs, test results and certification of completeness, must be provided. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 242, 7-11-2000, eff. 8-3-2000)