Upon approval of a conditional use permit, interim use permit, variance, site plan and/or administrative permit, the city may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development. The agreement shall guarantee conformance and compliance with the conditions of the approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall contain, but not be limited to, the following items and conditions.
(A) Performance security. The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a surety bond, cash escrow, certificate of deposit, irrevocable letter of credit, securities or cash deposit. The security shall be in an amount determined by the City Engineer or Building Official under the direction of and approved by the Council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the city.
(B) Security release. The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the application approval and Building Code of the city has been issued by the City Building Official.
(C) Security forfeiture. Failure to comply with the conditions of the application approval and/or the ordinances of the city shall result in forfeiture of the security.
(D) Hold harmless and indemnification of city. The applicant shall agree to indemnity and hold harmless the city and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, violation of any safety law and regulation or any code in the performance of this agreement, without regard to any inspection or review made or not made by the city, its agents or employees or failure to take any other prudent precaution. In the event any city employee, agent or representative shall come under the direct or indirect control of the applicant or the city upon failure of the applicant to comply with any conditions of the approval, performs the conditions pursuant to the bond, the applicant shall indemnify and hold harmless the city, its employees, agents and representatives for its own negligent or intentional acts in the performance of the applicant's required work under the permit.
(E) Fees. The applicant shall agree to pay any and all attorney and consultant fees incurred by the city to enforce the terms and conditions of any application approval or provisions of any performance agreement relating to the permits.
(Prior Code, § 11-3-5) (Ord. 258, passed 5-4-2006)