Haw. Code R. § 19-170-199 - Repair and replacement of improvements
(a) The subdivider
shall file with the development corporation such agreement and surety bonds as
specified in this section to insure the adequacy and workability of provisions
for repair and replacement of the subdivision improvements.
(b) Approval of improvements for dedication
will not be given unless the subdivider enters into an agreement with the
development corporation, wherein the subdivider agrees to pay costs of
repairing and replacing the subdivision improvements and guarantees their
adequacy. The subdivider shall also file a surety bond or other security other
than personal surety, with the development corporation as obligee, conditioned
upon faithful performance of said agreement. The amount of the surety bond
shall be ten per cent of the cost of construction as estimated by the executive
officer upon consultation with the chief engineer, traffic engineer, director
of recreation, and manager.
(c) The
agreement shall specify that the subdivider agrees to repair and replace
subdivision improvements, utilities, and facilities to the satisfaction of the
development corporation and shall provide that if the subdivider fails to
complete such work within the specified time, the development corporation may
collect the moneys of the bond or security and complete the same. The
development corporation shall be authorized in the event of default in the
performance of any work for which bonds or securities were deposited, to use
some or all of the bond or securities to cause the required work, including
engineering and administrative work, to be done and for payment of costs
therefor.
(d) The agreement and
surety bond shall be for a period of one year from the date of acceptance by
the development corporation of the dedication and shall be extended as required
by the executive officer upon consultation with the chief engineer, traffic
engineer, director of recreation, or manager.
(e) The form of the agreement and surety
bonds shall be approved by the development corporation counsel as to form and
legality and when fully executed filed with the executive officer.
Notes
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