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A. Any person required to dedicate land by the provisions of this chapter shall prepare and make an offer to dedicate property executed by all persons having an interest in the land to be dedicated including, but not limited to, beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the director of public works for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the city attorney, shall be in such terms as to be binding on the owner, his or her heirs, assigns or successors in interest; and shall continue until the director of public works accepts or rejects such offer or until one year from the date such offer is filed with the director of public works for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the director of public works. The offer shall be recorded by the director of public works in the office of the county recorder of Sacramento County upon its acceptance. If the offer is rejected or not processed within one year, the director of public works shall issue a release from such offer unless the parties making the offer wish to have the time extended.
B. For purposes of this chapter, dedication shall be considered as satisfactorily assured when the director of public works accepts for recordation the offer to dedicate provided for herein. (Ord. 2017-0009 § 11)
Any person required to make improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the director of public works and director of utilities, or shall enter into an agreement with the city upon mutually agreeable terms to thereafter make the improvement required by this chapter. The agreement shall be secured by a bond filed with the director of public works by the permittee and shall be in an amount as the director of public works shall estimate and determine to be necessary to complete the required improvements. A letter of credit may be used to secure the agreement if acceptable to the director of public works. (Ord. 2017-0009 § 11)
The agreement authorized by section 17.852.080 shall be executed by the director of public works on behalf of the city and shall be on a form approved by the city attorney. (Ord. 2017-0009 § 11)
The bond required by section 17.852.120 may be either a cash bond or a bond executed by a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond shall also be executed by a corporation authorized to act as a surety under the laws of the state. (Ord. 2017-0009 § 11)
Whenever the owner elects to deposit a cash bond, the city is authorized, in the event of any default on his or her part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. (Ord. 2017-0009 § 11)
Whenever a surety bond has been filed in compliance with this chapter, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damage sustained by the city by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof. (Ord. 2017-0009 § 11)
When a substantial portion of the required improvement has been completed to the satisfaction of the director of public works and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the director of public works may accept the completed portion and consent to a proportionate reduction of the surety bond or the cash bond in an amount estimated and determined by the director of public works to be adequate to assure the completion of the required improvements remaining to be made. (Ord. 2017-0009 § 11)
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