(1) No final plat or plan shall be approved until the developer has posted a guarantee assuring completion of all required improvements. Said guarantee shall meet the performance bonding requirements described elsewhere in this Title.

(2) In the event the developer is in default or fails to or neglects to satisfactorily install the required improvements within one (1) year from the date of approval of the final plat or plan by the Mayor or the City, or to pay all liens in connection therewith, the Mayor or the Mayor’s designee may declare the bond or other assurance forfeited and the City may install or cause the required improvements to be installed, using the proceeds of the collection of the bond to defray the expense thereof.

(3) The developer shall be responsible for the quality of materials, workmanship and condition of all improvements until final release is made by the Mayor or the Mayor’s designee. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other approved security, the City Engineer or authorized representative shall make a preliminary inspection of the improvements and shall prepare a report setting forth the conditions of such facilities. If all liens are paid, and conditions thereof are found to be satisfactory, the Mayor or the Mayor’s designee shall release the bond or other approved security. Lien waivers from all contractors shall be required in order to determine if the liens are paid. If the condition of materials or workmanship shows unusual depreciation or does not comply with standards of the City, or if any outstanding liens are not paid, the Mayor or the Mayor’s designee may declare the developer in default.

(4) In the event the developer is found to be in default or fails to or neglects to satisfactorily install the required improvements, it shall be unlawful for any person to receive any further building permits or occupancy permits or to sell or offer to sell any lot within the subject subdivision or development until all improvements are installed and accepted by the City, or a formal extension is granted by the Mayor and a new agreement is signed.

(5) In situations where total compliance with this Title may be delayed or made impossible as a result of such factors as extreme weather, inability to obtain certain materials, or other factors not within the control of the builder or owner of the premises, and where the applicable code requirements have been sufficiently complied with, and health and safety factors have been met, the Chief Building Official and/or the Planning Commission may allow temporary occupancy if the owner, the owner’s agent and/or the building contractor responsible for the project give in writing a guarantee of performance including specifics of the work to be done, the time within which it will be completed, estimated cost of completion and other reasonable data as may be required.

(6) Temporary occupancy or utilization of the premises may be allowed upon posting with the City a performance bond in the time and manner otherwise described in this Title.

(7) If the totality of compliance has not been achieved within the time period set forth in the bonding agreement, the City shall, pursuant to the written agreement, be authorized to utilize the performance bond to complete the project.

(8) The Chief Building Official and/or the Planning Commission may extend the period of time in the written agreement for good cause shown, not to exceed sixty (60) days beyond date thereof, which extension shall be required to be appended to the original agreement in writing. Non-written extensions shall not be recognized by the City.

(9) Where reasonably necessary in the opinion of the Planning Commission to assure performance, a performance bond may be required as a condition of issuance of a building permit. Such bond shall be posted in the time and manner otherwise required by the provisions of this Title.