13-9-3. Maintenance guarantee .

The subdivider shall guarantee all off-site improvements will remain in good condition for a period of one year after the date of final acceptance by the county. The subdivider shall make all repairs to and maintain the improvements in good condition during that one-year period at no cost to the county. Upon completion of the improvements, the county shall retain at least 20% of the guarantee for a surety to cover the maintenance period. The exact amount retained shall be determined by the county engineer. The county engineer shall identify necessary repairs and maintenance, and this decision shall be final and binding upon the subdivider. The guarantee shall extend to and include, but shall not be limited to the entire street, subgrade, base, and surface and all pipes, joints, valves, backfill, and compacting as well as the working surface, curbs, gutters, sidewalks, and other accessories that are, or may be, affected by construction operations. Whenever, in the judgment of the county engineer, the improvements shall need repairs, maintenance, or re-building, the county engineer shall cause a written notice to be mailed or given to the subdivider. Upon receipt, the subdivider shall undertake and complete such repairs, maintenance, or re-building. If repairs are not completed within the specified time, the county shall have such repairs made and the cost of such repairs shall be paid by the subdivider or by the county using the guarantee. (Ord.2005-21, 09/6/05)