Loading...
The Improvement Agreement shall include provisions consistent with the Project Documents and City Regulations, regarding extensions of time and remedies when improvements are not completed within the agreed time.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) The actual costs of inspecting the construction of improvements under Section 1747(b) of this Code shall be paid by the Subdivider.
(b) The actual costs of testing the materials incorporated in the improvements under Section 1747(b) of this Code shall be paid by the Subdivider.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Requests by the Subdivider for revisions to the approved Improvement Plans shall be submitted in writing to the Director, with a copy to TIDA, and shall be accompanied by drawings showing the proposed revision. The Director shall review and act expeditiously on all such submittals in accordance with Section 1746 hereof. If the revision is acceptable to the Director, and consistent with the Project Documents, City Regulations and Tentative Map, the Director shall initial the revised plans. Construction of any proposed revision shall not commence until revised plans have been received and approved by the Director.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) General. This Section shall only apply to Public Improvements that have not been completed or conditions that have not been fulfilled prior to filing a Parcel or Final Map. An agreement (the "Improvement Agreement") shall be approved by the Director, approved as to form by the City Attorney, and executed by the Director on behalf of the City. The Improvement Agreement shall be consistent with the Project Documents and City Regulations and shall provide for:
(1) Construction of all Public Improvements required pursuant to the Project Documents, City Regulations and conditions imposed on the Tentative Map or Parcel Map consistent therewith, including any required off-site improvements, within the time specified by Section 1751.1;
(2) Satisfaction of conditions precedent to the transfer of title to the City of all land and improvements required to be dedicated to or acquired by the City, if the City elects to defer transfer of title until after the Public Improvements have been completed consistent with the Project Documents and City Regulations, including any approved title exceptions as defined therein, which are or shall be specified herein;
(3) Payment of inspection fees in accordance with applicable City Regulations, consistent with the Project Documents;
(4) Improvement security as required by Section 1770;
(5) Maintenance and repair of any defects or failures of the required Public Improvements, and to the extent feasible removing their causes, prior to acceptance of the Public Improvements by the City or TIDA;
(6) Release and indemnification of the City from all liability incurred in connection with the construction and design of Public Improvements and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the construction, except release and indemnification disallowed under the SMA or any other State or federal law pursuant to the procedures provided in the SMA;
(7) Payment by the Subdivider of all costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligations of the Improvement Agreement;
(8) Any other deposits, reimbursements, fees or conditions as required by City Regulations consistent with Project Documents, and as may be required by the Director;
(9) Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the SMA and this Code in accordance with the Project Documents and City Regulations.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
CODIFICATION NOTE
(a) With the exception of Transfer Maps, which are governed by Sections 1712.1 and 1751.1(c) hereof, the Public Improvements for subdivisions of five or more parcels which are not otherwise required to be completed prior to recordation of a Final Map, shall be completed by the Subdivider within the time specified in an Improvement Agreement which is consistent with the Project Documents and City Regulations.
(b) With the exception of Transfer Maps, which are governed by Sections 1712.1 and 1751.1(c) hereof, the completion of Public Improvements for subdivisions of four or fewer parcels which are not otherwise required to be completed prior to recordation of a Parcel Map or Final Map may be deferred until a permit or other grant of approval for the development of any parcel within the subdivision is applied for, unless the completion of the Public Improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area, in which case the Improvement Agreement shall specify a time for completion. This finding shall be made by the Director, after consultation with appropriate City Agencies. If any required Public Improvements are not completed at the time of recordation of a Parcel Map or Final Map for four or fewer parcels, an Improvement Agreement is required pursuant to Section 1751. The specified date for completion of the Public Improvements, when required, shall be stated in the Improvement Agreement. Public Improvements shall be completed in accordance with the Improvement Agreement.
(c) No Public Improvements shall be required to be completed in connection with Transfer Maps. For all other subdivisions, only on-site Public Improvements and those off-site Public Improvements necessary to provide connections to the on-site improvements and those Public Improvements required by the Project Documents shall be required.
(d) Completion dates may be extended by the Director according to the following procedures:
(1) The Subdivider must request an extension in writing, stating adequate evidence to justify the extension, by letter to the Director. The request shall be made not less than 30 days prior to expiration of the Improvement Agreement. The Director may grant such extensions, subject to the terms of the Improvement Agreement, provided, however, that if TIDA has extended the completion date pursuant to the Project Documents, including, without limitation, by reason of Excusable Delay as defined in the DDA, the Director shall approve the extension, which extension may be subject to conditions set forth in Section 1751.1(d)(2) hereof.
(2) The Director may condition approval of an extension agreement upon the following:
(i) Revised improvement construction estimates to reflect current improvement costs as approved by the Director;
(ii) Increase of improvement securities in accordance with revised construction estimates;
(iii) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund; and
(iv) Conditions that the Director deems necessary to assure the timely completion of Public Improvements.
(3) If authorized by the Director, the Subdivider shall enter into an Improvement Agreement extension ("Extension Agreement") with the City. The Extension Agreement shall be approved by the Director and the City Attorney, and executed by the Director, the Subdivider.
(4) The costs incurred by the City in reviewing and processing the Extension Agreement shall be paid by the Subdivider at actual cost.
(e) Should the Subdivider fail to complete the Public Improvements within the specified time, or correct all deficiencies within the time specified for completion, the City may, by resolution of the Board of Supervisors and at its option, cause any or all uncompleted Public Improvements to be completed and all uncorrected deficiencies to be corrected, and the Subdivider and parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
(f) As-Built Plans. Upon completion of the Public Improvements, the Subdivider shall submit to the Director a reproducible set of as-built Improvement Plans.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) General. With respect to all subdivisions, when any deficiencies in the required Public Improvements have been corrected, as-built Improvement Plans submitted, and the City Engineer, upon written request from the Subdivider, issues a Notice of Completion, the completed Public Improvements shall be considered by the Director for acceptance.
(b) Acceptance. If the Public Improvements have been completed to the satisfaction of the Director and are ready for their intended use, the Director shall provide the Board of Supervisors with a written certificate to that effect, and the Public Improvements shall be accepted by the Board of Supervisors, by ordinance, subject to the provisions of San Francisco Administrative Code Section 1.52. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily, are ready for their intended use, and that Public Improvements have been accepted for public use. Acceptance of any Public Improvement shall not effect a waiver of any rights the City may have as to warranties and construction defects.
(c) Notwithstanding the above requirements, the following warranty provisions shall apply in the Treasure Island/Yerba Buena Island Project Site:
(1) Pump Station Warranty. The Subdivider shall warranty each pump station for three years after the City Engineer issues its Notice of Completion for said pump station.
(2) All other Public Improvements Infrastructure Warranty. The Subdivider shall warranty all other Public Improvements for no less than two years after the City Engineer issues its Notice of Completion for said Improvements.
(3) Subdivider's liability pursuant to the warranties in Subsections (c)(1) and (2) above shall cover latent defects and defective material or workmanship, and shall not extend to ordinary wear and tear or harm or damage from improper maintenance or operation of the pump station or any other Public Improvements by a City Agency or the City Agency's agent.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)