Title 17 SUBDIVISIONS*
Chapter 17.32 SUBDIVISION IMPROVEMENTS GUARANTEE
17.32.130 Acceptable forms-Property escrow.
A. The subdivider may offer as a guarantee, land or other
property, including corporate stocks or bonds. The value of any real property
to be used, accounting for the possibility of a decline in its value during the
guarantee period, shall be established by a licensed real estate appraiser at
the subdivider’s expense. The city council may reject the use of property
as a collateral when the property value is unstable, when the property may be
difficult to sell, or when other factors exist which will inhibit the exchange
of the property for an amount of money sufficient to complete required
improvements.
B. When the property is offered as an improvement guarantee,
the subdivider shall:
1. Make an agreement with the escrow agent instructing the
agent to release the property to the city council in case of default. The
agreement shall be placed on file with the county clerk and recorder.
2. Provide the city council with a title policy affirming
that the property to be used as a guarantee is free and clear of any
encumbrances or liens at the time it is to be put in escrow;
3. Execute and file with the city council an agreement
stating that the property to be placed in escrow is an improvement guarantee and
that it will not be used for any other purpose, or pledged as security for any
other matter until it is released by the city council. (Ord. 588 §
1(part), 1996)