Chapter 16.28
IMPROVEMENTS
Sections:
16.28.010 Improvement agreement.
16.28.030 Forfeiture of security.
16.28.040 Release of security.
16.28.010 Improvement agreement.
Prior to approval by the council of the final plat the subdivider shall either install all required improvements and repair all other facilities damaged in the development of a subdivision or else execute and file an agreement between himself and the city specifying the period within which he shall complete all required improvement work to the satisfaction of the city engineer. If he should fail to complete such work within such period the city may complete the same and recover the full cost and expense thereof from the subdivider or his security. The agreement shall also provide for inspection of all improvements by the city. Such agreement may also provide:
A. For the construction of improvements in units;
B. For the extension of time under conditions specified therein;
C. For the termination of the agreement upon the completion of the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider;
D. For progress payments to the subdivider for any deposit money which the subdivider may have made in lieu of providing a security bond; provided, however, that no such progress payments shall be made for more than ninety percent of the value of any installment of work, and provided that each installment of work shall be completed to the satisfaction of the engineer. (Ord. 1259 §2(part), 1999)
16.28.020 Bonds.
The subdivider shall file with the improvement agreement required in GMC Section 16.28.010 a performance bond in an amount deemed sufficient by the administrator to cover estimated costs of such improvements and to cover estimated costs of setting monuments and lot corner markers that are to be set after the improvements are completed. Such bond shall be approved by the city attorney. (Ord. 1259 §2(part), 1999)
16.28.030 Forfeiture of security.
In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the improvement agreement, and the city shall have to complete the same, the city shall call upon the security for reimbursement or shall appropriate, from any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit shall exceed all costs and expenses incurred by the city it shall release the remainder of such bond or cash deposit and if the amount of the security bond or cash deposit is less than the cost of expense incurred by the city the subdivider shall be liable to the city for such difference. (Ord. 1259 §2(part), 1999)
16.28.040 Release of security.
No progress payments from such deposit or release of security bond or cash deposit shall be made except upon certification of the engineer and that work covered thereby has been satisfactorily completed and approval by the council has been granted. (Ord. 1259 §2(part), 1999)