(A) Upon completion of the construction and installation of the improvements to be dedicated to the city, the developer shall submit a written request for acceptance of said improvements to the HBZ Officer. Said request to include a brief description of the improvements and statements to the effect that the improvements are free of any encumbrances, were installed in compliance with all applicable regulations, and a promise to guarantee the satisfactory performance of the improvements for a period of 12 months from the date of the accepting resolution.
(B) Improvements to be dedicated to the city shall be accepted by the City Council, by a duly adopted City Council resolution, conditioned upon the following:
(1) Receiving a written statement from the City Engineer that said improvements have been constructed, installed, and inspected pursuant to the improvement plans approved by the city, and that said improvements are in compliance with this chapter.
(2) The developer verifies in writing that all waivers of lien have been obtained from those who provided material, labor, and equipment on the project.
(3) The developer promises in writing to guarantee the satisfactory performance of the improvements for a 12 month period after formal acceptance.
(C) Until accepted by the City Council, the developer is responsible for conditions of the roads, and for removal of ice and snow from same.
(D) The subdivider/developer shall guarantee all the improvements in the subdivision for a period of one year from the date of their acceptance and dedication. If at any time during the one-year period the improvements are found to be defective, they shall be repaired/replaced at the subdivider/developer's expense. If the subdivider/developer refuses to pay such costs within 90 days after demand is made upon him by the City Engineer, the city shall use the 10% retainage on the letter of credit or escrow agreement to make the necessary repairs/replacement. If the cost of repairs/replacement exceeds the retainage amount the subdivider/developer shall be liable for the excess. At the end of the one-year period, the residual of the retainage shall be released.
(Ord. 3265, passed 8-14-00)