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The bond required by section 17.852.120 may be either a cash bond or a bond executed by a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond shall also be executed by a corporation authorized to act as a surety under the laws of the state. (Ord. 2017-0009 § 11)
Whenever the owner elects to deposit a cash bond, the city is authorized, in the event of any default on his or her part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. (Ord. 2017-0009 § 11)
Whenever a surety bond has been filed in compliance with this chapter, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damage sustained by the city by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof. (Ord. 2017-0009 § 11)
When a substantial portion of the required improvement has been completed to the satisfaction of the director of public works and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the director of public works may accept the completed portion and consent to a proportionate reduction of the surety bond or the cash bond in an amount estimated and determined by the director of public works to be adequate to assure the completion of the required improvements remaining to be made. (Ord. 2017-0009 § 11)
The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the director of public works of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the director of public works, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter. (Ord. 2017-0009 § 11)
For purposes of this chapter, improvement shall be considered as satisfactorily assured when the director of public works enters into the agreement which is secured by the cash or surety bond provided for herein, when the improvement required to be made has been completed to his or her satisfaction or when he or she accepts a cash payment in lieu of immediate improvement. (Ord. 2017-0009 § 11)
A. All plans for street improvements shall be approved by the director of public works and the director of utilities prior to the construction of the improvements. Plans shall be drawn by a licensed civil engineer or licensed architect and shall show all pertinent elevations, to city datum, together with such off-site information as necessary to demonstrate workability of drainage and conformity with existing improvements.
B. The owner shall furnish one set of reproducible plans of the street improvements for the department of public works file. Fees for engineering services provided by the city will be established by resolution of the city council. Additional fees will be charged for unusual or extraordinary services. The issuance of a building permit shall constitute the necessary encroachment permit for a properly licensed contractor to do street work in the public street. (Ord. 2017-0009 § 11)
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