(A) Subdivision
Improvement Agreement or Security for Completion.
Whenever public improvements to serve the development are deferred until after Final Plat recordation for Final Plats with a prior approved Preliminary Plat, the Final Plat shall not be filed for recording at the applicable county unless and until the applicant enters into a Subdivision Improvement Agreement in accordance with this Division 3 of Article 6 of this Chapter
3. The application for a Subdivision Improvement Agreement shall be made in conjunction with an application for approval of the Site Engineering Drawings.
(B) Whenever public improvements to serve the development are deferred until after Certificate of Occupancy for Final Plats with no prior approved Preliminary Plat, the Certificate of Occupancy shall not be issued unless and until the applicant enters into a Subdivision Improvement Agreement in accordance with this Division 3 of Article 6 of this Chapter
3. The application for a Subdivision Improvement Agreement shall be made in conjunction with an application for approval of the Site Engineering Drawings.
(Ordinance 6773 adopted 5/19/15)
(A) Obligations
Under Agreement.
Whenever public improvements to serve the development are deferred as described in Section
3.103 above, the property owner shall enter into a Subdivision Improvement Agreement by which the applicant:
(1) Covenants
to complete the improvements;
(2) Covenants
to warranty the improvements for two years (that is, 730 calendar
days) following acceptance by the City;
(3) Covenants to provide a maintenance bond for such period in the amount set forth in Section
3.111;
(4) Provides
provisions for participation in the costs of the improvements by the
City, if authorization has been obtained from the City Council, and
a performance bond for such improvements from the contractor, with
the City as a co-obligee;
(5) Provides provisions for securing the obligations of the Agreement consistent with Section
3.106 of this Division 3; and
(6) Outlines
other terms and conditions as are agreed to by the applicant and the
City, or as may be required by this GDC.
(B) Agreement
to Run with the Land.
The Subdivision Improvement Agreement
shall provide that the covenants and other items of agreement contained
therein shall run with the land and bind all successors, heirs and
assignees of the applicant. All existing owners shall be required
to execute the Agreement or provide written consent to the covenants
and other items contained in the Agreement. The City shall deliver
a release to bona-fide, third-party purchasers of individual lots
when all required public improvements have been accepted by the City.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 33, adopted 5/7/19)
(A) General
Subdivision Improvement Agreement Review & Approval Process.
The Engineering Department maintains all procedures and instructions
for execution of a Subdivision Improvement Agreement.
(B) Recommendation
by the Director of Engineering.
The Director of Engineering
shall provide a recommendation to the City Council as to whether the
Subdivision Improvement Agreement should be approved, approved with
conditions, or denied by the City Council. The agreement shall also
be subject to review by the City Attorney. The Director of Engineering
shall not make such recommendation to the City Council until all provisions
are agreed upon by the City Attorney.
(Ordinance 6773 adopted 5/19/15)
(A) Whenever
the obligation to install public improvements to serve a subdivision
or development is deferred until after recordation of the Final Plat
pursuant to a Subdivision Improvement Agreement, the Agreement shall
guarantee proper construction and completion of subdivision improvements
by one of the methods described below:
(1) Performance Bond.
A bond executed by a surety company
holding a license to do business in the State of Texas, and acceptable
to the City, on the form provided by the City in an amount equal to
the cost of improvements required. The performance bond is subject
to the review and approval by the City Attorney.
(2) Trust Agreement.
A trust deposit in a bank or trust
company for the benefit of the City of Garland, of a sum of money
equal to the probable estimated construction cost. Selection of trustee
shall be executed on the form provided by the City and approved as
to form by the City Attorney.
(3) Irrevocable Letter of Credit.
A letter, on a form provided
by the City, signed by the principal officer of a local bank, federally
insured savings and loan association, or other financial institution
acceptable to the City, agreeing to pay the City on demand a stipulated
sum of money to apply to the probable estimated construction cost.
(B) Estimated
Cost & Related Approval.
The security shall be issued
in the amount of one hundred and ten percent of the probable estimated
construction cost as determined by the applicant’s professional
engineer and approved by the Director of Engineering. The security
shall be subject to the review and approval of the City Attorney.
(C) Security
for Construction in Extraterritorial Jurisdiction.
Where
the proposed development is located in whole or in part in the extraterritorial
jurisdiction of the City and in the applicable county, the security
shall also meet any applicable county standards.
(Ordinance 6773 adopted 5/19/15)
(A) Upon
final completion of all improvements covered by a Subdivision Improvement
Agreement and its associated form of security, the applicant may make
written request for release of such security by the City. Upon receipt
of such written request, the Director of Engineering shall make a
determination whether such release is warranted, and whether all required
improvements are ready for acceptance by the City. Upon a finding
that all responsibilities and obligations under the Subdivision Improvement
Agreement have been fulfilled, the Director of Engineering shall authorize
release of the security back to the applicant.
(B) Upon
written request for partial release of surety from the applicant,
the Director of Engineering shall determine the percentage of total
work required which has already been performed. That portion of the
total, less any prior amounts released and a retainage not to exceed
ten percent of the total, shall then be released.
(C) The
Director of Engineering and other necessary City officials shall execute
any documents necessary to cause release of any portion of the security
in accordance with this provision, provided that all such documents
shall be subject to approval by the City Attorney.
(D) No partial
release shall be granted where any substantial part of work performed
prior to the date of application for release fails to meet City standards
and specifications for any reason other than incompleteness.
(Ordinance 6773 adopted 5/19/15)
Where good cause exists, the Director of Engineering may extend
the period of time designated for completion of necessary improvements
specified within the Subdivision Improvement Agreement. Such extension
of time shall be reported to the City Council. No such extension shall
be granted unless additional security has been provided by the developer
to cover the extended period of time.
(Ordinance 6773 adopted 5/19/15)
In addition to all other remedies authorized in Chapter
5 of this GDC, where a Subdivision Improvement Agreement has been executed, but required public improvements have not been installed in accordance with the terms of the Agreement, the City Council may:
(A) Declare
the Subdivision Improvement Agreement to be in default and require
that all the public improvements be installed regardless of the extent
of completion of the development at the time the Subdivision Improvement
Agreement is declared to be in default;
(B) Obtain
funds under the security and authorize completion of the improvements
by the City itself or through a third party; or
(C) Assign
its right to receive funds under the security to any third party,
including a subsequent owner of the development, in exchange for a
Subdivision Improvement Agreement with the subsequent owner and the
additional posting of security to complete the public improvements
serving the tract.
(Ordinance 6773 adopted 5/19/15)