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(a) Dedication and Installation Required First. The right-of-way dedication and installation of street improvements shall be required before the occupancy of the premises or commencement of uses.
(b) Delayed Improvements Allowed with Written Agreement. Where it is impractical to install the required improvements at the time of the proposed development, a delayed improvement agreement in writing shall be entered into with the County Department of Public Works to make the improvements along with the posting of a form of surety described in Subdivision (c), herein. If the United States, the State of California, the County of San Bernardino, any other county, any municipal corporation, school district, other public district or public body includes in the delayed improvement agreement a written guarantee of payment of all costs for which the public district or public body may become liable to the County, then the posting of a form of surety described in subsection (c), herein, is not required from such public district or public body. The foregoing exemption to the surety requirement does not apply to subdivisions under the California Subdivision Map Act, Government Code §§ 66410 et seq.
(c) Surety Required. A cash deposit, a surety bond, a developer lien agreement, or other form of surety acceptable to the County Department of Public Works in an amount equal to the estimated cost of the improvements as determined by the County Engineer, shall be posted with the County Department of Public Works to guarantee the installation of the improvements. The actual installation of street improvements may be delayed until the County makes a written demand for the installment. If surety bonds are submitted, they shall be furnished by a surety company authorized to write the bonds in the State of California. If a developer lien agreement is used, it shall be used only for residential subdivisions (as defined in § 87.07.040(d)(1)), and commercial or industrial development and shall be prepared and processed in compliance with County policy.
(Ord. 4011, passed - -2007; Am. Ord. 4180, passed - -2012)