13.20.050 FINAL PLAT: Security For Required Improvements

The applicant shall complete all required landscaping or infrastructure improvements prior to any plat recordation or development activity. This section shall not apply if upon the applicant’s request, the County has authorized the applicant to post an improvement completion assurance in a manner that is consistent with this section. Prior to signing of a final plat by the county, the applicant shall enter into an improvements guarantee acceptable to the County as security to ensure completion of all improvements required to be installed in the subdivision. The improvements guarantee shall be in a form approved by the County Attorney. The agreement shall include, but not be limited to: 1. The applicant’s agreement to complete all improvements within a period not to exceed one (1) year from the date the agreement is executed; 2. The improvements shall be completed to the satisfaction of the County and in accordance with the County’s design and construction standards as adopted by the Board of County Commissioners; 3. A provisions that the improvements guarantee amount of deposit shall be equal to one hundred ten percent (110%) of the County Engineer’s estimated cost of the improvements to be installed; 4. That the County shall have immediate access to the deposited funds when necessary to remedy a deficiency in required subdivision improvements or a violation of the improvements agreement; 5. That deposited funds may only be reduced upon the written request of the applicant as system improvements are completed. a. The amount of the reduction shall be determined by the County Engineer. Reductions shall be made only as they apply to the completion, satisfactory to the County Engineer, of entire systems. b. The improvements for subdivisions shall be grouped into system categories (i.e., culinary water, storm drainage, roadways, parks/trails and landscaping, erosion control, and miscellaneous/finish items.) Such written reduction requests may be made only once every thirty (30) days and no reduction shall be authorized until such time as the County Engineer has inspected the improvements and found them to be in compliance with the County’s standards and specifications. c. All reductions shall be by written authorization of the County Engineer. No deposited funds shall be reduced below ten percent (10%) of the County Engineer’s estimated costs of the improvements to be installed until final acceptance by the County Engineer following an improvement assurance warranty period. d. No reduction in deposited funds shall be allowed for materials which are delivered to the subdivision site but not installed in accordance with approved construction drawings. 6. That if the deposited funds are inadequate to pay the cost of the completion of the improvements according to the County’s standards or specifications for whatever reason, including previous reductions, the applicant shall be responsible for the deficiency and no further building permits shall be issued in the subdivision until the improvements are completed or, with the Board of County Commissioners’s approval, a new, satisfactory deposit and improvements guarantee has been executed and delivered to the County; 7. That the County’s cost of administration and engineering costs incurred in obtaining the deposited funds, including attorney fees and court costs, shall be deducted from any deposited funds; 8. That the applicant shall guarantee all improvements installed against any damage arising from any defect in construction, materials, or workmanship during the warranty period and shall promptly repair the same upon notice from the County; 9. That the applicant shall agree to hold the County harmless from any and all liability which may arise as a result of defects in materials and workmanship on the improvements which are installed until such time as the County certifies the improvements are complete and accepts the improvements at the end of the warranty period. 10. The improvements guarantee and deposited funds may be extended by the County Engineer one (1) time for six (6) months for good cause shown. Any subsequent extension shall require approval of the Board of County Commissioners following timely written request by the applicant.