§ 18.24.010. Agreement in lieu of completion of improvements—Agreement to assure successful operation of improvements.

A.

Before final approval is given for any division of land pursuant to Title 18, Thurston County Code:

1.

The developer shall install required improvements pursuant to TCC 18.16.020(E) and replace or repair any such improvements which are damaged in the development of the subdivision; or

2.

In lieu of installation of all required minor improvements, the developer may execute and file with the county an agreement guaranteeing completion of such improvements together with any needed replacements or repairs within a specified time. In no case shall final plat approval be given if any related improvements remain uninstalled that shall constitute a hazard to public health and safety as determined by the department director, or designee. Such agreement:

a.

May be approved by the director or designee of either the public works or the resource stewardship departments;

b.

Shall provide the period of time within which all work required shall be completed which shall not exceed one year from the date of approval. Such agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the board of county commissioners or the director or designee of either the public works or the resource stewardship departments, and properly secured as provided in this title in advance of the required initial completion date;

c.

Shall provide that the developer shall notify the public works department director or designee promptly upon completion of all required improvements and that the director or designee will give notice of approval or disapproval of installation within a reasonable time after receiving notice of completion;

d.

Shall be secured by a bond or such other method of financial security permitted by Section 18.24.020;

e.

Shall provide that if the developer fails to complete all required work within the period specified, including any approved extensions of time, the county may take steps to demand performance of the developer's obligations within a reasonable time not to exceed ninety days from the date of demand. If the required improvements are not substantially completed within that time, the county may take action to forfeit the financial security. The county shall be entitled to recover all costs of such action including reasonable attorney fees. Following recovery of the proceeds of the financial security, they shall be used to complete the required improvements and pay the costs incurred. Should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the county shall be entitled to recover the deficiency from the developer; and

f.

May, with the agreement of the county, provide for construction of improvements in units.

B.

Regardless of whether all required improvements are completed prior to final approval of any division of land pursuant to Title 18, Thurston County Code, as a condition of such approval, the developer shall execute an agreement to assure successful operation of such improvements.

1.

As security for assurance of successful operation, the developer shall post a bond or such other method of financial security permitted by Section 18.24.020 to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a minimum two-year period following approval of installation of all required improvements.

2.

Such agreement and security shall not relieve the developer of liability for the defective condition of any required improvements discovered following the effective term of the security given.

3.

The agreement and security may be approved by the director or designee of either the public works or the resource stewardship departments;

4.

If the county agrees, by action of the board of county commissioners, to accept and perform maintenance of the improvements, then the developer's obligation to perform maintenance functions shall terminate.

(Ord. 13120 § 8, 2004: Ord. 11398 § 10 (part), 1997: Ord. 10610 § 3, 1994: Ord. 9859 § 6, 1991: Ord. 7387 § 2 (part), 1982: Ord. 6629 § 37, 1980: Ord. 4748 § 1 Ch. 6(1), 1974)

(Ord. No. 14182, § 2, 12-29-2008; Ord. No. 14773, § 10(Att. I), 7-24-2012)