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The City Council shall have the right to refuse any of the above financial guarantees and require construction and installation of all improvements by the subdivider, where:
(A) Past performance of the subdivider is unsatisfactory; or
(B) The selected option is unacceptable.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)
In the event the subdivider fails to install or construct the required improvements during the specified time allotted and in conformity with these regulations, the improvement guarantee shall be forfeited to the city to be used for the completion of the improvements.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)
If it appears to the developer that he or she may not complete construction of required improvements before expiration of his or her improvement guarantee, it shall be his or her obligation, at least 15 days prior to said expiration, to submit an extended guarantee to the Planning and Development Director or designee, who shall forward said extension request to City Council for approval. Such extension shall be for a period of six months. A maximum of two such extensions shall be allowed.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
Any deviation from the acceptable format below may delay acceptance of this instrument:
STATE OF SOUTH CAROLINA
CITY OF CAMDEN
IMPROVEMENT GUARANTEE
KNOW ALL MEN BY THESE PRESENTS that we, , as principal, and , as security, are held and firmly bound unto the City of Camden, South Carolina, as obligee, in the sum of $ , for payment whereof to the obligee, the principal and security bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents:
Signed, sealed, and dated, this day of , 20 .
WHEREAS, application was made to the obligee for approval of a subdivision shown on a plat entitled “ ”, dated , 20 , and filed with the Camden Planning Commission, and said final plat was approved upon certain conditions, one of which is that an improvement guarantee in the amount of $ be filed with the City of Camden to guarantee certain improvements in said subdivision;
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the above-named principal shall, within from the date hereof (in no case shall the improvement guarantee be valid for more than two years), truly make and perform the required improvements and construction of public improvements in said subdivision in accordance with the specifications of the Land Development Ordinance, then this obligation will be void; otherwise it will remain in full force and effect.
It is hereby understood and agreed that in the event any required improvements have not been installed within the term of this improvement guarantee, the City Council may thereupon declare this guarantee to be in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, the city shall install such improvements as are covered by the guarantee.
It is further understood and agreed that when the required improvements have been approved for conformity with these regulations by the Planning and Development Director or designee, the guarantee shall be released and returned. In addition, if any portion of the required improvements is completed by the subdivider and approved by the Planning and Development Director or designee, a portion of the guarantee commensurate with the cost of these completed improvements may be released and returned. In no event shall an improvement guarantee be reduced below 25% of the principal amount until all improvements have been approved by the Planning and Development Director or designee.
(L.S.)
Approved and accepted
this th day of 20 (L.S.)
by the Camden City
Council
Mayor
Clerk
(Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
DEDICATION ACCEPTANCE AND MAINTENANCE OF IMPROVEMENTS
The final responsibility for the installation of the improvements required by this chapter as the standards impose rests with the subdivider. Upon proper installation of these improvements, the subdivider shall take the final steps to dedicate the improvements and have them accepted by the city and/or the South Carolina Department of Transportation.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
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