The subdivider may apply for final plat approval prior to his or her completion of the required public improvements by entering into a subdivider’s contract with the city, thereby ensuring the construction of all improvements shown on the approved construction plans, ensuring completion of the public improvements and ensuring that “repairs and maintenance” of the improvements shall be performed during the period of time between final plat approval and City Council’s acceptance of the improvements. Subdivider’s contract forms shall be available at the City Engineer’s office. The obligations therein shall be secured by a performance bond as described below.
(a) (1) The subdivider’s engineer shall submit to the City Engineer for approval an itemized estimate of quantities for all proposed improvements and a determination of the costs thereof using the city’s bond price list. When approving the estimates, the City Engineer may properly take into account escalations in costs of construction, repairs and maintenance due to the passage of time.
(2) If the subdivision or any part thereof is not located within the city limits, the city may, with the consent of the Warren County or Butler County Engineer, assign to the county any or all rights of the city under this section or pursuant to any agreement with a subdivider.
(b) The subdivider and/or engineer shall be informed by letter of the amount of the performance bond required. The performance bond may be a bond, letter of credit or certified check, as the case may be, in suitable form acceptable to the City Engineer and Law Director and for no less than the amount stated by the City Engineer.
(c) The performance bond shall be delivered to the City Engineer accompanied by the subdivider’s contract executed by the subdivider on forms supplied by the City Engineer’s office, and stating the length of time to finish the improvements, but not exceeding two years.
(Ord. 99-207, passed 1-10-2000)