HomeMy WebLinkAboutORD2024-008 Planning & Zoning ResponsibilitiesSponsored by: Administration
Introduction Date: April 29, 2024
Public Hearing Date: May 13, 2024
Enactment Date: May 23, 2024
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 2.30.225 AND 16.01,
RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION.
WHEREAS, The Planning and Zoning Commission (“P&Z”) is tasked by council and
given explicit powers to shape city code for responsible and logical development; and
WHEREAS, Title 16; Subdivisions and the Subdivision Agreements both help the City
ensure responsible and logical development; and
WHEREAS, P&Z already has some responsibility over helping administer the
requirements of Title 16; and
WHEREAS, the administrative official could benefit from a greater degree of review and
input from P&Z on Title 16 matters.I
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS, that;
Section 1. Seward City Code Titles 2 and 16 are hereby amended to read as follows (new
language is in bolded italics and underlined and deleted language is stricken);
2.30.225 Powers and duties.^
A. The commission shall perform the following duties;
1. Interpret the provisions of this title and make compliance determinations when
requested by the administrative official;
2. Review and act upon requests for variance permits, conditional use permits, and other
matters requiring consideration under the Seward Zoning Code;
3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a
minimum of one public hearing. Said recommendations shall be forwarded to the
council for consideration; and
4. Promote public interest and understanding of comprehensive planning, platting,
zoning, land management and other issues relating to community planning and
development.
I ^Editor's note(s)—City Ord. No. 94-04 deleted historic preservation duties and created a separate historic
preservation commission. See § 2.30.410 et seq.
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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B.The commission shall act in an advisory capacity to the city council regarding the Seward
Zoning Code, Subdivisions, Seward Comprehensive Plan, Official Zoning Map, Official
Land Use Plan Map, and other duties as requested by the city council.
The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning
Commission regarding the following matters:
Subdivision plat proposals;
Right-of-way and easement vacation petitions;
Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan
development, updates and amendments; and
City of Seward Comprehensive Plan amendments not otherwise delegated to the City
of Seward.
1.
2.
3.
4.
C.
The commission shall have no authority to solicit or commit city funds without first
obtaining approval of the city council.
(Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-
04; Ord. No. 2022-004, § 1, 2-14-2022)
D.
I16.01.010. Definitions.
Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat
for record.
Parcel. An unsubdivided plot of land.
Person. A natural person, firm, association, partnership, corporation, governmental unit or
combination of any of these entities.
Plat. A map or chart of a surveyed subdivision of land.
Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded
subdivision involving the change of property lines and/or, after vacation, the altering of
dedicated streets, easements or public areas.
Street. A right-of-way which provides for vehicular and pedestrian access to abutting
properties.
Subdivider, owner, proprietor or developer. A person, firm, association, partnership,
corporation, governmental unit or combination of any of these which may hold any legal or
equitable ownership interest in land being subdivided or which has been subdivided. The term
shall also include all heirs, assigns, successors in interest, representatives or personal
representatives of the subdivider, owner, proprietor or developer.
Subdivision. The division of a tract or parcel of land into two or more lots, sites or other
divisions for the purpose, whether immediate or future, of sale, lease or building development.I
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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including any resubdivision and, when appropriate to the context, the process of subdividing of
the land subdivided.
Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is
presently located and for which no building permit for the construction of a permanent dwelling
unit or commercial structure has been requested as of October 1, 1977.
(Ord. 443, 1977)
16.01.015. Conditions to plat approval.
No preliminary or final plat for the subdivision or resubdivision of land located within the
city limits shall be approved by the city unless all of the required improvements set forth in
section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the
manner described in section 16.05.015.
No preliminary plat of city-owned property may be submitted to the Kenai Peninsula
Borough planning commission for approval without the prior consent of the city council.
Public posting. The applicant shall post the property subject to the application with public
notices as provided by the city at least ten days before the date of the required public
hearing. Such notices shall be placed so as to be visible from each improved street adjacent
to the property. The applicant is responsible for removing the posted notices within five
days after the hearing is completed. Failure to properly post notices is grounds for deferral
or denial of the application. No one except the applicant, an agent of the applicant, or the
city shall remove or tamper with any such required posted notice during the period it is
required to be maintained under this paragraph.
Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit
signed by the person who posted the notice or caused the posting to be done that the notice
was posted as required by this section.
Notification of neighboring property owners. A notice of preliminary plat review shall be
mailed not less than ten days prior to the meeting review date to the owners of record on the
Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery
of the parcel affected by the proposed plat.
A plat submitted to create a single parcel through the vacation of interior lot lines shall be
exempt from subsection (c), public posting, (d), proof of posting and (e), notification of
neighboring property owners.
(Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06)
A.
B.
C.
D.
E.
F.
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16.01.020. Conveyances restricted in present subdivisions.
I Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of
undeveloped lots located within an area covered by a valid plat recorded prior to November 28,
1977, shall convey any such lots to any other person unless he first provides for such lots the
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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public improvements required by section 16.05.010 in the manner described in section
16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.025. Building permits restricted.
No building permit shall be issued for construction of a dwelling unit on an undeveloped lot
located within an area covered by a valid plat recorded prior to November 28, 1977, until the
owner thereof has provided for such lots the public improvements required by section 16.05.010
in the manner described in section 16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.030. Exceptions.
The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows:
Where the subdivider, owner, proprietor or developer owns not more than six
undeveloped lots located within an area covered by a valid plat recorded prior to the
effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not
apply.
Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys
all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and
16.01.025 shall not apply to such conveyances; however, all such restrictions shall
apply to the transferee of such lots.
Where the subdivider, owner, proprietor or developer of such undeveloped lots serves
upon the city manager written notice of his intent to convey or construct, and the city
manager certifies that the city cannot provide access to a particular public improvement
required by section 16.05.010 within six months after receipt of notice of such intent,
the subdivider, owner, proprietor or developer shall not be required to provide that
particular improvement prior to the lawful conveyance of such lot or prior to the
issuance of a building permit for the construction of a dwelling unit on such lot.
(Ord. 443, 1977; Ord. 610, 1988)
1.
2.
3.
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16.01.035 Administrative official.
The City Manaeer or his desi2nee is hereby named as the administrative official
(hereinafter referred to as "administrative official") relatins to all actions taken b\ the
Seward plannine and zonins commission. The City Manmer or his desienee shall be
responsible for:
1. Interpretine and enforcing this title;
2. Maintainin2 records of all activity related to this title: and
3. Processine appeals consistent with this title.
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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16.01.040 Plannins and zonins commission.
The Seward planning and zonine commission (hereinafter referred to as ''commission”)
as established in section 2.30.210 is the body created to assist in the interpretation of this title.
Chapter 16.05. Improvements
Chapter 16.05. Improvements^
16.05.010. Required public improvements.
The term "required public improvements" shall mean the following;
1. Streets. All streets located within a subdivision subject to the requirements of this title
shall be not less than 50 feet in width and shall be gravel-surfaced according to city
specifications.
2. Telephone Communication and electric lines. All new telephone communication and
electric lines shall be installed underground, unless found to be impractical by the eity
planning and zoning commission and affirmed by the city council, and in accordance
with specifications of the appropriate utility companies and the city.
3. Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by
the city council. Fire hydrants shall be provided to standards established by the
American Waterworks Association and shall be a brand specified by the city. The
subdivider shall not be required to drill individual wells.
4. Sewer system. Where the city sewer system will service the area covered by the plat or
proposed plat, the subdivider shall provide the sewer system in compliance with all
applicable state and federal health and environmental laws and regulations.
5. Street lighting. Street lighting shall be installed in accordance with the requirements of
the city.
(Ord. 443, 1977; Ord. 610, 1988)16.05.015. Compliance procedure.
A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements
of this title when he has entered into the subdivision agreement with the city. The
subdivision agreement shall be written to cover one or a combination of the following
alternatives available to the subdivider:
1. The subdivider may elect to complete all required public improvements prior to
approval and recording of the final plat or prior to sale or issuance of a building permit,
as the case may be. If this is done, the subdivision agreement, delineating the
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^See Sec. 14.15.535 as to electric service extensions to subdivisions.
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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construction and inspection requirements for each improvement, shall be entered into
prior to commencement of construction.
2. The subdivider may elect to complete required improvements after approval and
recording of the final plat, the conveyance or the issuance of the building permit. In
this event, the subdivision agreement shall delineate:
a. The construction and inspection requirements of the appropriate governmental agency
or city department concerning the required improvements;
b. The time schedule for completion of required improvements;
c. A method of insuring that such improvements shall be completed to the specifications
required and in the time schedule agreed upon.
3. The subdivider may elect to form a special assessment district prior to any sales,
obligating all property owners in the subdivision to assume the costs of all required
public improvements not previously installed.
B. The improvements required under the terms of the subdivision agreement shall be fully
completed within three years of the date of execution of the agreement, except if a special
assessment district has been formed, in which case improvements will be installed when a
sufficient demand is made of the city.
C. The subdivision agreement shall provide for the apportionment of the costs of required
public improvements between the city and the subdivider as provided in the special
assessment district or as follows:
1. Administrative and recording costs relating to public improvements guarantees. The
subdivider shall pay 100 percent of all costs incurred in supplying and administering
any method of public improvement guarantees provided for in subsection (d) of this
section;
2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs
relating to any inspection, surveillance and testing by the city necessary for final
acceptance of any required public improvement. Costs of inspection, surveillance and
testing shall be established in advance between the developer and the city upon the
developer's request;
3. Streets. The subdivider shall pay 100 percent of the cost of streets within the
boundaries of the subdivision;
4. Water improvements. The subdivider shall pay 100 percent of the cost of all water
facilities constructed within the subdivision;
5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system
installed within the subdivision;
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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6. Electric and communication. The subdivider shall pay 100 percent of the cost of
installing electric lines with cost participation as provided in the current approved
tariffs of the communication company serving the subdivision;
7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting
apparatus.
D. To assure the installation of required public improvements which are not accepted at the
time the final plat is filed, the subdivision agreement shall require the subdivider to
guarantee the completion of all such improvements by one or more of the methods specified
below. The means of a guarantee may be changed during the guarantee period through a
written modification of the agreement. The amount of guarantee shall be determined on the
basis of the subdivider's cost estimate. The guarantee shall remain in effect until final
acceptance of the required public improvements. The engineer's cost estimate shall state the
estimated cost of completion for each required public improvement. Cost estimates for each
required public improvement must be approved by the city manager. For purposes of
establishing the amount necessary for the guarantee of completion of public improvements,
a percentage for overrun allowance shall be added to the total estimated cost of public
improvements as follows:
I Percentage of Overrun AllowanceTotal Estimated Cost of Improvements
$0.00 to $500,000.00 20%
$500,001.00 to $1,000,000.00 15%
$ 1,000,001.00 and over 10%
E. The subdivision agreement shall include one or more of the following methods to guarantee
the construction of required public improvements:
1. Performance bond. The subdivider may elect to provide a surety bond from a company
authorized to do business in the state. The bond shall be in an amount equal to the
estimated cost of all required public improvements plus an overrun allowance as
provided above. The bond shall be payable to the city in the event that any required
public improvements are not finally accepted in accordance with the provisions of this
subdivision agreement and shall be posted by no person other than the subdivider.
2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the
estimated cost of all required public improvements, plus overrun allowances as
provided above, either with the city or in escrow with a responsible financial institution
authorized to do business in the state. In case of an escrow account, the subdivider
shall file with the city an escrow agreement which includes the following terms:
a. Funds of the escrow account shall be held in trust until released by the city and may
not be used or pledged by the subdivider as security in any matter during that time other
than payment for the improvements. The funds may be used for payment of
improvements as made, except that the escrow holder shall withhold from disbursement
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
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so much of the funds as is estimated to be necessary to complete the construction and
installation of such improvements, plus an overrun allowance as provided above,
b. In the case of a failure on the part of the subdivider to complete any improvement
within the required time period, the institution shall immediately make all funds in the
account available to the city for use in the completion of those improvements.
3. Letter of credit. The subdivider may elect to provide from a bank or other responsible
financial institution authorized to do such business in Alaska, an irrevocable letter of
credit. Such letter shall be filed with the city and shall certify the following:
a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost
of all required public improvements plus overrun allowances as provided above for the
completion of all such improvements;
b. That in case of failure on the part of the subdivider to complete any specified
improvements within the required time period, the creditor shall pay to the city
immediately, and without further action, such funds as are necessary to finance the
completion of those improvements up to the limit of credit stated in the letter.
(4) Special assessment district. The subdivider may elect to pay all required assessments
levied against the property for the installation of public improvements. The city shall
make every reasonable effort to obtain all grant money available for financing of the
public improvements.
(Ord. 443, 1977; Ord. 610, 1988)
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
13"’ day of May 2024.
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THE CITY OF SEWARD, ALASKA
it
Sue McClure, Mayor
Barnwell, Crites, Osenga, Finch, Wells, McClure
None
Calhoon
None
AYES:
NOES:
ABSENT:
ABSTAIN:
fsBAL )•
O'^o'
/
ATTEST;
IKris Peck
City Clerk (City Seal)
City Council Agenda Statement
Meeting Date: April 29, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Jason Bickling, Deputy City Manager
Subject: Ordinance 2024-008: An Ordinance of the City Council of the City of
Seward, Alaska, Amending Seward City Code 2.30.225 And 16.01,
Responsibilities of the Planning and Zoning Commission
Background and justification:
In Title 2 and Title 15, The Planning and Zoning Commission (“P&Z”) is tasked by council and
explicitly given the authority to shape the city code for responsible and logical development
within the city. Most of this takes place within Title 15: Planning and Land Use Regulations
but there are also important pieces within Title 16: Subdivisions. Currently, there are two
responsibilities of the P&Z in Title 16:
16.05.010 – Required Public Improvements
2. Telephone and electric lines. All new telephone and electric lines shall be installed
underground, unless found to be impractical by the city planning and zoning commission
and affirmed by the city council, and in accordance with specifications of the appropriate
utility companies and the city.
3. Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by the
city council. Fire hydrants shall be provided to standards established by the American
Waterworks Association and shall be a brand specified by the city. The subdivider shall not
be required to drill individual wells.
The Subdivision Agreement is an agreement between any subdivider and the city that dictates
specific requirements for the subdivision and improvements, which are laid out in Title 16.
There are other pieces of Title 16 and the Subdivision Agreement that fall under the category of
responsible and logical development, including but not limited to roads, sidewalks, greenspace,
streetlighting, right of ways, and easements.
This ordinance will add language to both Title 2 and Title 16 which give them explicit
responsibility for the other portions of Title 16 that tie into their role in helping shape responsible
and logical development of the community.
There is also additional language that will help with administrative interpretation and
enforcement of those titles. Having P&Z input on the requirements of Title 16 and Subdivision
Agreements will be very helpful to Community Development and Administration.
There is also the verbiage change of “telephone” lines to “communication” lines to bring the
language up to speed in a technological sense.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.2.2 Continue to support and improve the capacity of the office of
Community Development
3.7.1.3 Continue to improve the quality and efficiency of city governmental
services
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
Not applicable
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
Subdivision Agreement – Non DRP Page 1 of 20
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664
STANDARD SUBDIVISION AGREEMENT
THE CITY OF SEWARD (hereinafter the "City"), an Alaska home rule city, and _____________,
(hereinafter the "Developer"), enter into the following Agreement this __________ day of ______, 2023.
_________________, executes this Agreement on behalf of the Developer _______________________
warrants that they have authority to execute this Agreement on behalf of the Developer. The parties to
this Agreement shall accept notices at the following addresses and telephone numbers:
OWNER/DEVELOPER CITY
____________________ City Manager
____________________ City of Seward
____________________ P.O. 167: 410 Adams Streets
________________ Seward, Alaska 99664
WHEREAS, Title 16, Chapter 16.05 , of the Seward City Code specifies certain improvements that must
be provided by the sub divider, owner, proprietor or developer (collectively referred to in this Agreement
as “Developer”) prior to conveying platted lots to any other person; and
WHEREAS, such lots must be provided with streets, communication and electric lines, water systems,
sewer systems and street lighting, (SCC § 16.05.010); and
WHEREAS, no building permit may be issued for construction of a dwelling unit on a platted lot until the
owner thereof has provided the required improvements for such lots (SCC § 16.01.025); and
WHEREAS, The Developer seeks the City's agreement to enter into a Contract to construct and install the
improvements described in Article IV of this Agreement in accordance with all the terms, covenants and
conditions of this Agreement, described in Articles I through IV.
NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties
agree as follows:
1. Property Subject to Agreement*. The real property which is the subject of this Agreement
(hereinafter the "Property") is located in the City of Seward and is described as:
________________________ Subdivision according to Plat No ________, recorded on __________ in
the records of the Seward Recording District, Third Judicial District, State of Alaska.
*If Plat has not been finalized, a copy of the preliminary plat shall be provided as Exhibit D. Please
indicate the date of approval by the Seward Planning and Zoning Commission: _________________.
Subdivision Agreement – Non DRP Page 2 of 20
2. Estimated Cost of Improvements. The Developer shall construct and install the following
improvements in accordance with the standards described herein at the estimated costs set forth
below:
Streets $________ Electrical $________
Sidewalks $________ Survey Monumentation $________
Drainage Plan $________ Street lighting $________
Sanitary sewer $________ Water $________
Traffic control devices $________
Communications $________ Other: $________
The Developer estimates the total cost of the improvements to be:
ARTICLE I
GENERAL PROVISIONS
1.01 APPLICATION OF ARTICLE
Unless this Agreement expressly provides otherwise, all provisions of this article apply to every
part of this Agreement.
1.02 PERMITS, LAWS, AND TAXES
The Developer shall acquire and maintain in good standing all permits, licenses, platting
approvals and other entitlements necessary to its performance under this Agreement. All actions
taken by the Developer under this Agreement shall comply with all applicable permits, licenses,
statutes, ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its
performance under this Agreement.
1.03 RELATIONSHIP OF PARTIES
Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, the
Developer's Engineer, or any contractor or subcontractor of the Developer, be deemed an agent,
employee, or partner of the City, or otherwise associated with the City other than, in the case of
Developer, as an independent contractor of the City. The Developer and its contractors and
subcontractors shall not represent themselves to be agents, employees, or partners of the City, or
otherwise associated with the City other than, in the case of the Developer, as an independent
contractor of the City. The Developer shall notify all its contractors and subcontractors of the
provisions of this section.
1.04 DEVELOPER'S RESPONSIBILITY
The Developer shall be solely responsible for the faithful performance of all terms, covenants,
and conditions of this Agreement, notwithstanding the Developer's delegation to another of the
actual performance of any term, covenant, or conditions hereof.
Subdivision Agreement – Non DRP Page 3 of 20
1.05 ALLOCATION OF LIABILITY
The Developer shall defend, indemnify and hold the City harmless from any claim, action, or
demand arising from any act or omission of the Developer, its agents, employees, or contractors
related to this Agreement . The liability assumed by the Developer pursuant to this section
includes, but is not limited to claims for labor and materials furnished for the construction of the
improvements.
1.06 DISCLAIMER OF WARRANTY
Notwithstanding this Agreement or any action taken by any person hereunder, neither the City
nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or
merchantability of a property, plan, design, material, workmanship, or structure related to this
Agreement for any purpose.
1.07 NON-DISCRIMINATION
A. In performing its obligations under this Agreement, the Developer shall not discriminate
against any person on the basis of race, creed, color, national origin, gender, marital
status, or age.
B. In selling property or improvements in the subdivision, the Developer shall not
discriminate against any person on the basis of race, creed, color, national origin, gender,
marital status, or age.
1.08 COST OF DOCUMENTS
All plans, reports, drawings, or other documents that this Agreement requires the Developer to
provide the City shall be furnished at the Developer's expense.
1.09 PUBLIC UTILITIES
A. Any public utility service contemplated by this Agreement need be provided only to areas
where the service is allowed by the Regulatory Commission of Alaska and applicable
law. All utility service shall conform to the rules, regulations, and tariffs of the
Regulatory Commission of Alaska and the City of Seward to the extent they may apply.
B. If the Regulatory Commission of Alaska disallows any utility service by the City of any
utility following execution of this Agreement, the provisions of the disallowed service
shall be deleted from the requirements of this Agreement without affecting any other part
hereof. The disallowance shall not be grounds for any claim, action, or demand against
the City.
1.10 TIME IS OF THE ESSENCE
Unless otherwise expressly provided herein, time is of the essence of each and every term,
covenant, and condition of this Agreement.
Subdivision Agreement – Non DRP Page 4 of 20
1.11 ASSIGNMENTS
A. Except insofar as subsection B of this section specifically permits assignments, any
assignment by the Developer of its interest in any part of this Agreement or any
delegation of duties under this Agreement shall be void, and any attempt by the
Developer to assign any part of its interest or delegate any duty under this Agreement
shall constitute a default entitling the City to invoke any remedy available to it under
Section 1.13. Permitted assignment shall not release the Developer from any obligation
or liability under this Agreement.
B. The Developer may assign its interest or delegate its duties under this Agreement:
1. To contractors and subcontractors, subject to Section 1.05; or
2. As expressly permitted in writing by the City.
1.12 DEFAULT - CITY'S REMEDIES
A. The City may declare the Developer to be in default:
1. If the Developer is adjudged a bankrupt, makes a general assignment for the
benefit of creditors, suffers a receiver to be appointed on account of insolvency,
takes advantage of any Law for the benefit of insolvent debtors; or
2. If the Developer has failed to perform its obligations under this Agreement,
provided the City gives the Developer notice of the failure to perform and the
Developer fails to correct the failure within thirty (30) days of receiving the
notice; or if the failure requires more than thirty (30) days to cure, the Developer
fails within thirty (30) days of receiving the notice to commence and proceed
with diligence to cure the failure.
B. Upon a declaration of default, the City may do any one or more of the following:
1. Terminate the Agreement without liability for any obligation maturing
subsequent to the date of the termination.
2. Perform any act required of the Developer under this Agreement, including
constructing all or any part of the improvements after giving seven (7) days
notice in writing to the Developer. The Developer shall be liable to the City for
any costs thus incurred. The City may deduct any costs incurred from any
payments then or thereafter due the Developer from the City whether under this
Agreement or otherwise.
3. Exercise its rights under any provision of this Agreement, or any bond or
performance or warranty guaranty securing the Developer's obligations under this
Agreement.
4. Pursue any appropriate judicial remedy, including but not limited to an action for
injunction and civil penalties.
Subdivision Agreement – Non DRP Page 5 of 20
1.13 NON-WAIVER
The failure of the City at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any
part hereof, or the right of the City thereafter to enforce each and every provision hereof.
1.14 INTERPRETATION
A. Each document incorporated by reference herein is an essential part of this Agreement,
and any requirement, duty, or obligation stated in one document is as binding as if stated
in all. All documents shall be construed to operate in a complementary manner and to
provide for a complete project.
B. If the terms of any of the documents and amendments thereto comprising this Agreement
conflict, the conflict shall be resolved by giving the conflicting documents and
amendments thereto the following order of preference:
1. Documents or sections titled "Special Provisions."
2. Article II of this Agreement titled "Improvement Construction Standards and
Procedures," and Article III of this Agreement titled "Acceptance of
Improvements."
3. Article I of this Agreement titled "General Provisions."
4. Documents incorporated under any Article of this Agreement.
5. Article IV of this Agreement titled "Improvement Requirements."
6. Any other document incorporated by reference herein.
1.15 EFFECT OF STANDARD SPECIFICATIONS
Applicable platting, subdivision and land use ordinances of any local authority, and the Kenai
Peninsula Borough Road Standards are incorporated by reference herein as minimum standards
for performance under this Agreement, except where this Agreement specifically provides
otherwise.
1.16 AMENDMENT
The parties may amend this Agreement only by written agreement, signed by all parties which
shall be attached as an appendix hereto.
1.17 JURISDICTION - CHOICE OF LAW
Any civil action arising from this Agreement shall be brought in the Superior Court for the Third
Judicial District of the State of Alaska at Anchorage. The laws of the State of Alaska and the
City of Seward and the Kenai Peninsula Borough shall govern the rights and duties of the parties
under this Agreement
Subdivision Agreement – Non DRP Page 6 of 20
1.18 SEVERABILITY
Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a
court of competent jurisdiction shall be ineffective to the extent of such invalidity without
invalidating the remaining provisions of the Agreement.
1.20 INTEGRATION
This instrument, and any writings incorporated by reference herein, embody the entire agreement
of the parties. This Agreement shall supersede all previous communications, representations, or
agreements, whether oral or written, between the parties hereto.
1.21 DEFINITIONS
Unless this Agreement expressly provides otherwise, the following definitions shall apply herein:
A. "Improvements" means all work which the Developer is required to perform by this
Agreement.
B. "City Improvements" means improvements which are to be dedicated to the City, or
which are to be operated and controlled by a City owned utility.
C. "City," for the purpose of administering this Agreement, means the City Manager for the
City of Seward, or his designee.
D. "Acceptance" by the City means a determination that an improvement meets minimum
standards and does not refer to accepting a dedication of the improvement by the
Developer.
ARTICLE II
IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES
2.01 RECORDING OF FINAL PLAT
Developer shall be solely responsible for all platting of the property in compliance with
ordinances of the Kenai Peninsula Borough and the City of Seward.
2.02 PREREQUISITES TO CONSTRUCTION
The Developer shall not obtain permits for the construction of improvements or commence the
construction of improvements until the requirements of Sections 2.03 through 2.07 have been
met.
Subdivision Agreement – Non DRP Page 7 of 20
2.03 PLANS AND SPECIFICATIONS
A. Attached as Exhibits A, B, and C, are all of Developer's plans and specifications
pertaining to the construction of the improvements, including stamped engineer drawings,
submitted for the City's approval.
B. If the City or a governmental entity or agency requires soil tests, or other tests pertaining
to the design of improvements, the Developer shall submit reports of the test results with
the plans and specifications.
C. The City shall approve the plans and specifications as submitted, or indicate to the
Developer how it may modify them to secure approval.
2.04 QUALITY CONTROL PROGRAM
A. The Developer shall submit to the City, in such form as the City may specify, a quality
control program for the construction of the improvements.
B. The quality control program shall provide sufficient inspection and test procedures to
determine compliance with all applicable plans, specifications, and safety requirements.
The program shall include at least the following:
1. The frequency and type of all tests to be performed.
2. A list of all persons who will perform tests and inspections.
3. Procedures for coordinating testing and inspections with the City and for
providing advance notice to the City of all inspections and tests which the City
may witness.
4. Procedures for reporting quality control activities, including discoveries of
deficiencies in the work.
2.05 WORK SCHEDULE
A. Attached as Exhibit C is a work schedule submitted by the Developer.
B. The work schedule shall include a progress chart of a suitable scale, indicating the
approximate percentage of work scheduled for completion at any given time. For each
improvement, the schedule shall indicate starting and completion dates for the following:
1. Clearing, grubbing, and removal of overburden.
2. Excavation, installation, backfill, and compaction for each utility to be installed
by the Developer.
3. Excavation, backfill, and compaction for street facilities other than paving.
Subdivision Agreement – Non DRP Page 8 of 20
2.06 MATERIALS
A. The Developer shall submit, in such form as the City may specify, detailed information
concerning all materials and equipment it proposes to incorporate into an improvement.
B. Upon the City's request, the Developer shall submit samples of materials or equipment it
proposes to incorporate into an improvement.
2.07 LIABILITY INSURANCE
The Developer shall provide proof that it has acquired the insurance required by the City of
Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired
such insurance, naming the Developer as an insured. [Insurance Broker to provide details.]
2.08 GENERAL STANDARD OF WORKMANSHIP
A. The Developer shall construct all improvements in accordance with plans, specifications,
and contracts approved by the City, and with the terms, covenants, and conditions of this
Agreement. The Developer shall not incorporate any material or equipment into an
improvement unless the City has approved its use. Unless the City specifically agrees
otherwise in writing, all materials, supplies, and equipment incorporated into an
improvement shall be new.
B. If during the course of construction conditions appear which in the exercise of
reasonable engineering judgment require a modification of, or substitution for, approved
materials, equipment, plans, specifications, or contracts to meet a higher standard of
performance, the Developer shall make the modifications or substitution. All such
substitution shall be approved by the City.
C. The Developer shall construct all facilities in the subdivision not otherwise subject to this
Agreement in accordance with applicable statutes, ordinances, and specifications.
2.09 PLACEMENT OF UTILITIES
The Developer shall place all utilities underground, except where this requirement is specifically
waived under Article IV of this Agreement.
2.10 WORK IN RIGHT-OF-WAY
The Developer shall comply with all ordinances and secure all necessary permits and
authorizations pertaining to work in public rights-of-way. The Developer shall coordinate and
supervise the installation and construction of all utility improvements, including those not
otherwise covered by this Agreement, in a manner that will prevent delays in City construction or
other damage to the City and that will permit the City to properly schedule work that it will
perform.
2.11 SURVEYOR
All surveys required for the completion of improvements under this Agreement shall be made by
a person registered as a professional land surveyor under the Laws of the State of Alaska.
Subdivision Agreement – Non DRP Page 9 of 20
2.12 REQUIRED REPORTING
A. Quality Control: The Developer shall submit to the City regularly and promptly written
reports describing the results of all tests and inspections required by the quality control
program and all other tests and inspections which the Developer may make.
B. Construction Progress: If actual progress indicates that the developer will not perform the
work as scheduled, the Developer shall prepare and submit a revised schedule for the
City's consideration.
C. Surveys: The Developer shall furnish promptly to the City copies of all surveys required
for the completion of the improvements.
D. Express or implied approval by the City of any report or inspection shall not authorize
any deviation from approved plans and specifications or from the terms of this
Agreement.
2.13 PROGRESS PAYMENTS
The Developer shall pay its contractors all contract progress payments when due.
2.14 SURVEILLANCE
A. The City may monitor the progress of the work and the Developer's compliance with this
Agreement and perform any inspection or test which it deems necessary to determine
whether the work conforms to this Agreement.
B. If the Developer fails to notify the City of inspections, tests, and construction progress as
required by Section 2.17, the City may require, at the Developer's expense, retesting,
exposure of previous stages of construction, or any other steps which the City deems
necessary to determine whether the work conforms to this Agreement.
C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this
section are solely for the benefit of the City. The City does not undertake to test or
inspect the work for the benefit of the Developer or any other person.
2.15 STOP WORK ORDERS
A. If the City determines there is a substantial likelihood that the Developer will fail to
comply, or if the Developer does fail to comply with this Agreement, the City may stop
all further construction of improvements by posting a stop work order at the site of the
nonconforming construction and notifying the Developer or its engineer of the order.
B. A stop work order shall remain in effect until the City approves:
1. Arrangements made by the Developer to remedy the nonconformity; and
2. Assurances by the Developer that future nonconformities will not occur.
Subdivision Agreement – Non DRP Page 10 of 20
C. The issuance of a stop work order under this section is solely for the benefit of the City.
The City does not undertake to supervise the work for the benefit of the Developer or any
other person. No suspension of work under this section shall be grounds for any action or
claim against the City or for an extension of time to perform the work.
D. The Developer shall include in all contracts for work to be performed, or materials to be
used under this Agreement, the following provision:
The City of Seward, pursuant to a Subdivision Agreement on file with the City Clerk and
incorporated by reference herein, has the authority to inspect all work or materials under
this contract and to stop work in the event that the work performed under this Agreement
fails to comply with any provision of the Subdivision Agreement. In the event that a stop
work order is issued by the City, the contractor shall immediately cease all work and
await further instructions from the Developer.
2.16 ACCESS
The City shall have access to all parts of the subdivision necessary or convenient for monitoring
the Developer's performance, inspecting, surveying, testing, or performing any other work.
2.17 MAINTENANCE
A. Until the City accepts the improvements, the Developer shall maintain all existing roads
within the subdivision that are necessary for access. For the purposes of this subsection,
existing roads are roads that physically exist, as distinguished from mere rights-of-ways
dedicated for road purposes.
B. The Developer shall repair or pay the cost of repairing damage to any improvement that
occurs prior to the City's acceptance of the improvements, except for damage caused
solely by the City, its agents, employees, or contractors. The Developer shall give
reasonable notice to the City before undertaking the repair of the damaged improvement.
2.18 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE
A. Before the City accepts the improvements, the City may enter upon, inspect, control, and
operate any improvement if the City determines that such action is necessary to protect
the public's health, safety, and welfare.
B. The action described in subsection A of this section shall not constitute the acceptance of
any improvement by the City, not shall the action affect in any way the Developer's
warranty under this Agreement.
2.19 TIME
A. All improvements required by this Agreement shall be completed in accordance with the
schedule contained in Section 2.05 and Exhibit C of this Agreement.
B. The Developer shall begin actual construction of improvements required under this
Agreement in accordance with the Developer's work schedule as approved by the City
and shall fully complete all required Improvements within 3 years from the date this
Agreement is signed except if a special assessment district has been formed.
Subdivision Agreement – Non DRP Page 11 of 20
C. If the Developer is delayed by an act or omission of the City not otherwise authorized
under this Agreement, or by changes ordered in the work, labor disputes, fire, delays in
transportation, casualties, or other causes beyond the Developer's control, or by any cause
which the City in its discretion determines to be adequate to justify the delay, the time of
completion of construction under this Agreement may be extended for a reasonable time,
which shall be determined by the City. No extension shall be granted unless the
Developer gives notice in writing to the City within ten (10) days after the occurrence of
the cause for delay. In the case of a continuing delay, only one notice is required.
ARTICLE III
ACCEPTANCE OF IMPROVEMENTS
3.01 PREREQUISITES TO ACCEPTANCE
The City shall not accept the improvements until all the requirements of Sections 3.02 through
3.05 have been met. Improvements may be accepted in phases if agreed upon by both parties.
3.02 MONUMENTS AND AS-BUILTS DRAWINGS
A. Upon completing the improvements, the Developer shall replace lost lot corners and
monuments and shall monument the center lines of all required paved streets with
monuments of at least 30” of 5/8” rebar and 2” alcap at points of curvature, ends of
curvature, intersections, and centers of cu-de-sacs in accordance with this Agreement and
the terms of the City of Seward and Kenai Peninsula Borough code of ordinances and any
standards established thereunder, which are incorporated herein by reference.
B. No later than sixty (60) days after the final inspection and certification under Section 3.05
F, the Developer shall provide the City with one acceptable set of reproducible as-built
drawings for each improvement. The as-built drawings shall be certified by a
professional engineer registered under the laws of the State of Alaska to represent
accurately the improvements as actually constructed.
3.03 CERTIFICATE OF COMPLIANCE
The Developer shall furnish the City with a certificate of compliance for the work performed
under this Agreement.
3.04 CONVEYANCE OF EASEMENTS AND RIGHTS-OF-WAY TO CITY
The Developer shall convey to the City any easement, right-of-way, or other property interest
necessary to allow access to the City improvements to operate, maintain, or repair the City
improvements. The Developer may condition the conveyance upon the City's acceptance of the
improvements.
Subdivision Agreement – Non DRP Page 12 of 20
3.05 INSPECTION
A. Upon receiving notice that the Developer has completed the improvements, the City shall
schedule inspections of the improvements. The City may inspect all improvements and
any other work in dedicated easements or rights-of-way.
B. A privately-owned utility may inspect any phase of work on an improvement of which it
is to assume control.
C. The City or appropriate privately-owned utility shall inform the Developer in writing of
any deficiencies in the work found in the course of its inspection.
D. The Developer shall, at its own expense, correct all deficiencies found by inspections
under subsection A or B of this section. Upon receiving notice that the deficiencies have
been corrected, the City or appropriate privately-owned utility shall reinspect the
improvements.
E. The City or appropriate privately-owned utility may continue to reinspect an
improvement until the Developer has corrected all deficiencies in the improvement.
F. After final inspection has revealed that all improvements and other work in dedicated
easements and rights-of-way meet City standards, and each privately-owned utility which
is to assume control of an improvement certifies that improvement or improvements are
acceptable to it, and the Developer has furnished the as-built drawings required by
Section 3.02 B, the City shall notify the Developer that all improvements have been
accepted.
3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS
A. The City's final acceptance of the City improvements constitutes a grant to the City of all
the Developer's right, title, and interest in and to the City improvements.
B. By accepting the City improvements under this Agreement, the City does not undertake
to maintain any such improvement, unless obligated to do so by applicable statute,
ordinance, regulation, or tariff.
3.07 DEVELOPER'S WARRANTY
A. The Developer shall warrant the design, construction materials, and workmanship of the
improvements against any failure or defect in design, construction, material, or
workmanship which is discovered no more than one year from the date the City notifies
the Developer of the acceptance of the improvements. This warranty shall cover all
direct and indirect costs of repair or replacement, and damage to the property,
improvements, or facilities of the City or any other person, caused by such failure or
defect or in the course of repairs thereof, and any increase in cost to the City of operating
and maintaining a City improvement resulting from such failures, defects, or damages.
B The Developer's warranty shall not extend to any failure or defect caused solely by
changes in design, construction, or materials required by the City
Subdivision Agreement – Non DRP Page 13 of 20
C. Except as provided in subsection B of this section, the fact that the City takes any action,
or omits to take any action authorized in this Agreement, including but not limited to
operation or routine maintenance of the improvements prior to acceptance, or
surveillance, inspections, review or approval of plans, tests, or reports, shall in no way
limit the scope of the Developer's warranty.
3.08 CITY'S REMEDIES UNDER WARRANTY
A. The City shall notify the Developer in writing upon its discovery of any failure or defect
covered by the warranty in Section 3.07. The City shall notify the Developer before
conducting any test or inspections to determine the cause of the failure or defect, and
shall notify the Developer of the results of all such tests and inspections.
B. The Developer shall correct any failure or defect covered by the warranty within thirty
(30) days of receiving notice of the failure or defect from the City. The Developer shall
correct the failure or defect at its own expense and to the satisfaction of the City.
C. If the Developer fails to correct the failure or defects within the time allowed by
subsection B of this section, the City may correct the failure or defect at the Developer's
expense. If the Developer fails to pay the City for the corrective work within thirty (30)
days of receiving the City's bill therefor, the City many pursue any remedy provided by
law or this Agreement to recover the cost of the corrective work.
3.09 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY
A. The City shall inspect the improvements at or before the end of the warranty period and
before releasing any performance guaranty or warranty guaranty in effect. The
Developer shall correct any failure or defect in the work revealed by the inspection as
required by Section 3.09.
B. On the Developer's satisfactory performance of all its obligations under this Agreement,
the City shall execute a written statement acknowledging such performance and shall
release any remaining security posted by the Developer under this Agreement.
ARTICLE IV
IMPROVEMENT REQUIREMENTS
4.01 IMPROVEMENTS REQUIRED
A. It is the intent of the City and Developer to provide for the orderly development of the
property and to protect the investment of subsequent owners of the lots.
B. Developer will pay 100% of all cost incurred for Administration, recording, inspection,
surveillance and testing required or necessary to complete the City improvements.
Subdivision Agreement – Non DRP Page 14 of 20
4.02 STREET, ALLEYWAY, MONUMENTATION, WATERWAY, TRAFFIC CONTROL,
STREET LIGHTING, STREET NAME SIGNING AND DRAINAGE IMPROVEMENTS
A. All improvements to the property shall be provided and constructed in accordance with the
approved plat and the Kenai Peninsula Borough subdivision and other standards.
B. The City shall reimburse the Developer for its share, if any, for construction of improvements
only after receipt from the Developer of invoices for such work and further in accordance
with the provisions of Article III of this Agreement and the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
C. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for street facilities prior to any sales, obligating all property owners in the
subdivision to assume the costs of required streets not previously installed.
D. The streets for which the Developer is not entitled to any reimbursement are estimated to cost
$________ and include an additional 5’ to the existing right of way on 3 of the 4 edges of the
current lot.
E. The Developer is not entitled to reimbursement for the cost of any walkways. The estimated
cost of walkways is $_________. Walkways include:
F. If an erosion and/or sediment control plan is required the Developer will not be entitled to
any reimbursement for such facilities.
G. Drainage and waterway improvements shall be provided as necessary to the improvements
within the subdivision, as well as to accommodate lateral and upstream contribution, as well
as subsurface flows which are exposed during construction. There will be no reimbursement
to the Developer for the cost of drainage and waterway improvements. The estimated cost of
drainage and waterway improvements is $_________.
H. Traffic control devices, excluding electronically timed signals, shall be installed as directed
and/or approved by the Public Works Director. The cost of these improvements is not
reimbursable and is estimated to be $__________. Traffic control devices include:
I. Street lighting will be installed according to standards of the Seward Electric utility and as
approved by the City Electric Engineer. The cost of street lighting is not reimbursable and is
estimated to be $____________.
J. Monumentation shall be provided as shown on the approved Plat ________Subdivision. The
cost is not reimbursable and is estimated to be $____________.
K. Street name signs shall be provided at each intersection and equal the standards established in
the City of Seward. The cost of these improvements is not reimbursable and is estimated to
be $_____________.
4.03 SANITARY SEWER IMPROVEMENTS
Subdivision Agreement – Non DRP Page 15 of 20
A. Sewer system improvements shall be designed and provided according to City of Seward
Standards and Specifications, in compliance with applicable codes, and as approved by
the Public Works Director and Alaska Department of Environmental Conservation to
service all lots within the subdivision. The outfall(s) of the system will be as directed by
the Public Works Director. There will be no reimbursement for any sewer system
improvements, except as noted below or in accordance with the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for sewer facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required sewer facilities not previously installed.
C. The non-reimbursable cost of sanitary sewer improvement is estimated to be
$__________.
4.04 WATER SYSTEM REQUIREMENTS
A. Water system improvements shall be provided and designed according to City of Seward
Standards and Specifications, in compliance with applicable codes and as approved by
the Public Works Director and Alaska Department of Environmental Conservation.
Water service will be provided to all lots in the subdivision. Fire Hydrants shall be red in
color. Spacing and minimum flow shall be according to the Seward Fire Code in effect on
the date of construction. Hydrants shall have a minimum 4’ wide flat grade from the
street to the hydrant with appropriate bollards in place. The cost of improvements
necessary to serve the subdivision shall be borne by the Developer and the Developer is
not entitled to any reimbursement, except as noted below or by the terms of any
developer reimbursement agreement between City and Developer authorized by SCC
Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for water facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required water facilities not previously installed.
C. The cost of improvements required to serve the subdivision for which the sub-divider is
not entitled reimbursement is estimated to be $____________________.
4.05 ELECTRICAL FACILITIES
A. Electrical improvements shall be provided in accordance with an agreement with the
City, incorporated by reference herein. The total cost of the electrical system serving the
subdivision is estimated to be $___________________.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for electrical facilities prior to any sales, obligating all property
owners in the subdivision to assume the costs of required electrical facilities not
previously installed.
Subdivision Agreement – Non DRP Page 16 of 20
4.06 COMMUNICATIONS
Communications improvements shall be provided in accordance with an agreement with
_Telalaska, GCI, or other provider incorporated by reference herein. The total cost of the
communications system serving the subdivision is a nonreimbursable cost estimated to be
$___________.
The City and Developer agree to record a Subdivision Agreement Memorandum in the Seward Recording
District within 10 days of the effective date of this Agreement with a notice that the Agreement is
available for public inspection at the offices of the City Clerk. The Owner and Developer agree to
include the following Notice in all agreements for sale of lots:
The issuance of a Building Permit by the City of Seward for any of the following lots is subject to the
completion of public improvements to such lot in accordance with the Subdivision Agreement including
any amendments, the City Code, regulations, and other applicable law. The lots may be subject to special
assessments for certain improvements.
ARTICLE V
DEVELOPER GUARANTEE
5.01 Amount. The Developer shall provide one of the indicated guarantees in this Article in the
amount of _______________________________ thousand dollars within ten (10) business days
of the date this agreement is signed.
5.02 Form. The developer guarantee shall be in the form of [NOTE CITY AND DEVELOPER
AGREE ON ONE OF THE ALLOWED OPTIONS PRIOR TO SIGNING AGREEMENT
FORMAT THE FORM AGREEMENT TO USE A CHECK THE BOX METHOD]
A. Performance Bond. A surety bond from a company authorized to do business in Alaska for
the amount identified in paragraph 5.01 identifying Developer as the principal and the City as
obligee guaranteeing performance of all Developer’s obligations under this Agreement.
B. Deposit on Escrow. The Developer shall deposit in cash a sum in the amount identified in
paragraph 5.01 either with the City or in escrow with a responsible financial institution
authorized to do business in Alaska and provide City an escrow agreement which includes all
terms required by SCC 16.05.015( e)(2).
C. Letter of Credit. The Developer shall provide from a bank or other responsible financial
institution authorized to do business in Alaska an irrevocable letter of credit in the amount
identified in paragraph 5.01 containing the certifications required by SCC 16.05.015( e)(3).
Subdivision Agreement – Non DRP Page 17 of 20
ARTICLE VI
DEVELOPER REPAYMENT (FOR DRP)
6.01 Grace Period. The developer has six months after the completion of the utility installation to pay
back the amount assessed to the properties without penalty.
6.02 Amount. The remaining balances after the six month grace period will be charged interest at
prime + 4% annual interest.
......................................................................................................................
IN WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above.
CITY OF SEWARD, ALASKA Developing Entity
BY: _____________________________ BY___________________________________
FName LName, City Manager FName LName, Principal
ATTEST:
________________________________
FName LName, City Clerk
Subdivision Agreement – Non DRP Page 18 of 20
EXHIBIT A
Plans & Specifications (including stamped engineer drawings)
Subdivision Agreement – Non DRP Page 19 of 20
EXHIBIT B
Plans and Specifications
(detailed information including materials and equipment)
Subdivision Agreement – Non DRP Page 20 of 20
EXHIBIT C
Work Schedule