are required when the
is not completed at the time a final is recorded.
provide security that the
will complete necessary
. The following requirements also apply to the
(s) or developers when acceptable substitutions of
are used.
A. Requirement
1. A
shall construct all required
at no expense to the
prior to the recordation of the final .
2. If a
posts
to guarantee the completion of the required
, the form and the amount of the
shall conform to the requirements of this section and the Administrative Manual and is satisfactory to the City Attorney’s Office as to form, sufficiency, and manner of execution.
3.
that all required
will be completed as approved by the
shall be provided by the
in accordance with Section 2-09.0.0, , of the Administrative Manual before a final is forwarded to the Mayor and Council for approval. The PDSD Engineering Administrator is authorized to execute on behalf of the Mayor and Council agreements with the to ensure that are provided by the in accordance with Section 2-09.0.0
, , of the Administrative Manual. The PDSD is authorized to release when appropriate.
B. Acceptable Forms of
The following are acceptable forms of
. For phased ,
may be provided separately for the
necessary for each phase.
1. Completion/Performance Bond
A
may post a completion/performance bond for
executed by a surety company licensed to do business in the State of Arizona in an amount approved by the PDSD Engineering Administrator. The PDSD Engineering Administrator may sign the bond instrument on behalf of the
, and the City Attorney shall approve same as to form.
2.
Account
A
may establish an
account with the
or a bank or similar financial institution acceptable to the
.
3. Letter of Credit
A
may provide an irrevocable letter of credit in a sum approved by the PDSD Engineering Administrator from a bank or other financial institution or
acceptable to the
. The PDSD Engineering Administrator is authorized to sign the agreement on behalf of the
, and the City Attorney’s Office shall approve same as to form.
4. Third
Land Trust
A
may vest ownership of the property constituting the
in a Third
Trustee, with direction that the property in trust will not be released for sale by the Trustee unless and until the
agrees to the release. The
will thereafter agree to a full or partial release of trust property as provided in this section and Section 2-09.0.0, , of the Administrative Manual. The PDSD Engineering Administrator is authorized to sign the agreement on behalf of the and the City Attorney shall approve same as to form. The Mayor and Council approval of the third land trust is required if the deviates from the -approved third land trust documents.
5. Alternative Forms of
The PDSD
or designee may accept alternate methods to assure the completion of
where acceptable to the PDSD
and the City Attorney’s Office in form and substance. Personal checks are not accepted. Mayor and Council approval of the alternate
method, agreement, or form(s) is required prior to the approval of the final .
C. Amount of
Except for third
land trust agreements, the PDSD
or designee may require a monetary amount for
of
not to exceed one and two- tenths times the estimated cost of construction of the required
.
D. Inspection and Acceptance of
for Partial and Final Releases
1. The PDSD
or designee shall provide for inspection of required
.
2. If the PDSD
or designee finds upon inspection that any of the required
have not been constructed per
approved documents, or have not been constructed in accordance with the
’s construction standards and specifications, the
shall be responsible for completing or replacing such
in accordance with the list of deficiencies, the
accepted specifications, and approved plans, as outlined in this article and Section 2-09.0.0, , of the Administrative Manual.
3.
is required to be submitted for final release as outlined in the PDSD Engineering established procedures in Section 2-09.0.0, , of the Administrative Manual.
4. The
will not accept the required
or release or reduce any
for a subdivided
requiring sewer, water, or transportation
, until the PDSD
or designee has received statements from the
or designee of Tucson Water or other water company serving the property, the Tucson Department of Transportation, and the Pima County Regional Wastewater Reclamation Department that such
have been satisfactorily completed. Upon such approval and recommendation by the City Manager, the Mayor and Council shall accept the
for dedication in accordance with established procedure.
E. Partial Release of
1. Partial Release of
for Third
Land Trust
Where a Third
Land Trust is provided as
for completion of
, a partial release of a portion of the
may occur, prior to the completion of all
, provided the partial release is proportional to the level of completion of
. Requests for release, inspections, and approvals shall be in accordance with Section 2-09.0.0, , of the Administrative Manual.
a. Partial Release of Residential
for Third
Land Trust
Up to 75% of the
held in a third
trust in any particular phase may be released prior to completion and acceptance of the common-element
(e.g., basins, drainage facilities, sewer lines, water lines,
, etc.). Any
(s) released shall be served by the completed common-element
. Once the common-element
have been accepted, partial releases greater than 75% or a final release may be granted only when all of the assurable
have been completed, inspected, accepted by the appropriate agency, and the
closure documents have been submitted and accepted by the PDSD Engineering Administrator.
b. Commercial
for Third
Land Trust Release
Up to 60% of the
in any particular phase may be released prior to the completion and acceptance of the common-element
(e.g., basins, drainage facilities, sewer lines, water lines,
, etc.). Any
(s) released shall be served by the completed common-element
. Once the common-element
have been accepted, partial releases greater than 60% or a final release may be granted only when all of the assurable
have been completed, inspected, accepted by the appropriate agency, and the
closure documents have been submitted and accepted by the PDSD Engineering Administrator.
2. Reduction or Partial Release of Monetary
Where a bond, letter of credit, or other monetary
is provided the amount of the
may be reduced upon partial completion of construction or actual dedication of one or more
, but, only in a ratio that the
improvement(s) bears to the total
indicated on the . Where a
completes and offers to
the required
for a portion of the final , monetary
for such
may be reduced only where the
can be used and maintained independently of remaining
required for the entire . For example, temporary cul-de-sacs should be provided for incomplete
; water, sewer, and electric facilities should be capable of independent operation; and adequate access for public safety vehicles shall be provided. In no case may more than 75%, or 65% for commercial
, of the total monetary value of
be released prior to completion of all
.
F. Substitution of
Where a Third
Land Trust is provided as
for completion of
, a substitute
may be submitted for review. The substitute trust shall include those portions of the
to be covered. Additional substitute
may be needed to be in place so that all of the
that needs completion is covered. The Third
Trust or other types of
may be entirely substituted by another form of
using cost estimate procedures based on the remaining
with contingency and mobility costs. Acceptance of substitute
is solely at the discretion of the PDSD
. The number of substitutes for any given
may be limited as determined by the PDSD
.
G. Full Release of
A final release may be granted only when all of the assurable
have been completed, inspected, accepted by the appropriate agency, and the
closure documents have been submitted and accepted by the PDSD Engineering Administrator.
H. Additional
Notwithstanding
provided, if the PDSD
, in his sole discretion reasonably determines that grounds exist that could result in commercial insecurity that the required
will be completed, he or she may demand additional
. The neglect or refusal of the
to provide such additional
within 30
shall result in the immediate suspension of the issuance of any permits or further permits unless and until further
is provided.
I. Expiration or Lapse of
If an
expires, the PDSD
shall suspend the issuance of any permit(s) until such time when
have been provided. If the PDSD
determines that any applicable
have lapsed, become subject to a bankruptcy or otherwise become ineffective, the PDSD
reserves the right to issue a stop work order, stop release of additional
, and utilize the
to complete the assurable items, or apply monetary penalties as prescribed by law.