KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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17.55.060 REQUIRED IMPROVEMENTS – INSTALLATION17.55.060 Improvement security.The agreement to improve shall include and be secured by one (1) or more of the following methods to guaranteethe construction and installation of required public improvements:(a)(b)(c)Performance and Payment Bonds. The subdivider may elect to provide a performance and payment bond, orbonds, from a surety company authorized to do such business in the state of Alaska guaranteeing the construction,installation and payment for all required improvements, including monuments, and for all labor and materialsfor the construction and installation thereof. The bond or bonds shall be in an amount equal to theestimated cost of all required public improvements plus an overrun allowance as provided in KGBC 17.55.020.The performance bond shall be payable to the municipality in the event that any required public improvementsare not finally approved in accordance with the provisions of this title. The payment bond shall inure to thebenefit of all persons who provide labor or materials for the construction or installation of the public improvements.Cash or Cashier’s Check. The subdivider may elect to deposit with the borough clerk money, or cashier’scheck payable to the borough equal to the amounts referred to in subsection (a) of this section.Certificate of Deposit. The subdivider may elect to provide a certificate of deposit from a bank or other responsiblefinancial institution authorized to do such business in Alaska, and acceptable to the borough financedirector, in the amount referred to in subsection (a) of this section. Such certificate of deposit shall be filedwith the borough with the following provision:(1) That in the case of failure on the part of the subdivider to complete or pay for any specified improvementswithin the required time period, the certificate of deposit will be cashed on the bank or financialinstitution from which it was issued to pay to the borough immediately and without furtheraction such funds as are necessary to finance the completion of those improvements.(2) The agreement to construct and install improvements, and the improvement security referred to inthis chapter, shall comply with all statutory requirements and shall be satisfactory to the municipalattorney as to form, sufficiency, and manner of execution.(3) The borough shall be under no obligation to deposit any improvement security into an interest bearingaccount; however, in the event of such deposit, any interest accrued thereon shall be added tosuch security and may be used as additional security, and shall be returned to the subdivider in thesame manner as the security. [Ord. No. 1228, §1, 9-3-02; Ord. No. 1085, §9, 1-18-99; Ord. No. 350,§1, 4-7-80. Code 1974 §55.52.060.]17.55.070 Release of guarantee.The borough shall release the obligation for performance guarantees upon the final approval of all the improvementscovered by the agreement to improve and improvement security together with the posting of adequate securityfor warranty. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.52.070.]17.55.080 Effect of final approval by the borough.Final approval by the borough of the construction and installation of required public improvements shall not obligatethe borough thereafter to inspect, maintain or repair, or constitute an agreement or assumption by the boroughof any duty or responsibility to thereafter inspect, maintain or repair any such improvements. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.52.080.]17.55.090 Warranty.(a) Required. The subdivider shall warrant and guarantee for a period of one (1) year after final approval that therequired improvements constructed under the agreement will remain in good condition and will meet operatingspecifications for the warranty period. Such warranty includes defects in design, workmanship, materials andany damage to improvements caused by the subdivider, his agents or others engaged in work to be performedunder the agreement to improve.17-44
KETCHIKAN GATEWAY BOROUGH CODE 17.55.110(b)Term – Security. To secure the warranty, the guarantee of performance provided in KGBC 17.55.060 shallremain in effect until:(1) The end of the warranty period; or(2) The subdivider furnishes the borough with a corporate surety bond, cash deposit or irrevocable letter ofcredit in an amount equal to the percentage of the total construction costs as set forth below. This securityshall guarantee the payment of any reconstruction or repair costs which may be undertaken due to failuresoccurring during the warranty period. Responsibility for identifying the necessity of repairs or reconstructionof the improvements shall rest with the borough or, if the property is within the city of Ketchikan,the city engineer.Total Construction CostPercent to Secure Warranty$0 – $500,000 10%$500,000 – $1,000,000 7.5%$1,000,000 and higher 5%(c)(d)Correction of Deficiencies. Within thirty (30) days (or a reasonable extension at the sole discretion of the boroughor city engineer) of notification by the borough of the need for repair or reconstruction, the subdividershall correct the deficiencies, satisfactory to the borough. Such notification shall be made by certified mail. Ifthe subdivider fails to repair or reconstruct the deficiency within the time specified above, the borough willmake the repairs at the subdivider’s and surety’s sole expense. The borough may declare the bond, deposit orother security forfeited and use such security to make repairs or may proceed to make the repairs and then billthe subdivider and surety for the cost thereof and bring suit and recover the same from the subdivider and thesurety, jointly and severally, and the security; provided, however, the borough shall not be required to proceedfirst against the subdivider and may proceed directly against any surety or guarantor of the subdivider or bankor other person issuing any letter of credit, or holder of any security.Release of Warranty. Inspection will be made by the borough at the end of the warranty period and prior to therelease of guarantees. All known deficiencies shall be corrected by the subdivider prior to release of the warrantysecurity. Upon satisfactory correction of all deficiencies, the borough will release the remaining security.[Ord. No. 350, §1, 4-7-80. Code 1974 §55.52.085.]17.55.100 Exemption from claims.Any money, instrument or letter of credit or other improvement security deposited or held as provided in this titleshall not be subject to levy or attachment by any creditors of the depositor until the obligation secured thereby isperformed to the satisfaction of the borough. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.52.090.]17.55.110 Default.In the event that the subdivider defaults on any obligation to construct and pay for all required public improvementsor the obligation to warrant and repair such improvements, the borough shall demand immediate payment on theperformance or warranty guarantee. In the case of a performance bond, deposits in escrow, or letter of credit, theborough shall demand immediate payment of all or any portion of all sums obligated for the performance or warrantyof any improvement. All funds received by the borough shall be used for any construction, repair or reconstructionnecessary to ensure:(a)That all required improvements are built to specifications as necessary to receive final approval; and(b) The improvements remain in good condition for the completion of the warranty period. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.52.100.]17-45
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KETCHIKAN GATEWAY BOROUGHPLANNING C
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3ACKNOWLEDGMENTSThis work has been
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Upon roll call the vote on the MOTI
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K E T C H I K A N G A T E W A Y B O
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K E T C H I K A N G A T E W A Y B O
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Part I.GENERAL INFORMATIONMeeting D
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that exceeds one story in height, b
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B. APPLICATION
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Option B - exceeds height, but not
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C. MAPS
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Owner_Name Address CITY STATEZIPBER
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PLANNING COMMISSION DOCKETMeeting D
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Page 62 and 63: TABLE OF CONTENTSPrefaceTable of Re
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KETCHIKAN GATEWAY BOROUGH CODE 18.3
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