Chapter 19.14
PERFORMANCE AGREEMENT
Sections:
19.14.030 Performance agreement.
19.14.040 Execution of performance agreement.
19.14.010 Purpose.
The purpose of performance agreements is to ensure that improvements or actions required by this title are made, and that neither the County or other affected property owners will incur the costs. [2005 RLDC § 14.010.]
19.14.020 Improvements.
A. The Review and/or Hearing Body may specify and require road improvements or repairs, infrastructure improvements or repairs, or other site improvements or repairs to be installed prior to final approval of any development. The Review and/or Hearing Body may require that applicants or developers enter into a performance agreement with the County for completion of required improvements or repairs.
B. The Review and/or Hearing Body may specify the installation of site improvements as a condition of approval. The Review and/or Hearing Body may require that applicants or developers enter into a performance agreement with the County for completion of required improvements. [2005 RLDC § 14.020.]
19.14.030 Performance agreement.
A. The Director of Public Works or the Planning Director may enter into an agreement, with security, allowing the applicant to install improvements or repairs over a period of time not to exceed two years from the time of filing a final plat, and may attach specific performance conditions to the agreement.
B. The Director of Public Works or the Planning Director may enter into an agreement, with security, allowing the applicant to install required improvements or perform an action required by this title within a specific time period, and may attach specific performance conditions to the agreement.
C. A bond or other security acceptable to the Director of Public Works or the Planning Director shall accompany any performance agreement. The bond or other security shall be one of the following:
1. A bond or other security;
2. Cash or a certified check;
3. Time deposit certificate payable to Josephine County;
4. Savings account assignment to Josephine County;
5. An irrevocable letter of credit in favor of Josephine County from a financial institution authorized to do business in the state of Oregon, in a form acceptable to Josephine County.
D. The amount of the guarantee to be set for each element of the agreement (i.e., on site, adjacent off site, and off site for basic service) shall be calculated on the basis of a publicly awarded contract including the elements of a construction contract, engineering, and surveying cost, financing and administration charges and contingencies.
E. The amount of the guarantee shall be calculated using a specific engineering plan. When an engineering plan is not available, the amount of the guarantee shall be based on reliable estimates from an established source of the product and/or service to be guaranteed which will be submitted by the developer and agreed to by the Planning Director and the County Engineer, as applicable.
F. The Director of Public Works or the Planning Director may grant special time extensions to a performance agreement, and attach conditions to any special time extension. Such an extension shall not be considered a land use decision and shall not require notice or be appealable. [2005 RLDC § 14.030.]
19.14.040 Execution of performance agreement.
A. Assurance of full and faithful performance of an improvement agreement shall be for a sum calculated in JCC 19.14.030(D) and (E).
B. In the event the applicant or developer fails to carry out all provisions of the agreement, the County shall:
1. Call on the surety company for full and faithful performance; or
2. Use the deposit or letter of credit to complete the work.
C. If the amount of the bond, deposit, or letter of credit is greater than the cost of completing the work, the County shall release the remainder to the rightful claimant.
D. If the amount of the bond, deposit, or letter of credit is less than the cost of completing the work, the applicant shall be liable for the difference, and upon demand, shall pay any liability to the County.
E. The bond or other security listed in JCC 19.14.030(C) shall be payable or released to Josephine County upon the County’s certification of the applicant’s failure to comply with the performance agreement. [2005 RLDC § 14.040.]