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2023 Docket Enabling Ordinance December 19, 2023 <br />Page 55 <br /> <br /> <br />plat approval from the Board of County Commissioners and after the development has obtained <br />final engineering plan approval from the County Engineer. Projects within the Ellensburg UGA <br />utilizing city utilities will also require final engineering plan approval from the City Engineer. <br />Agreements shall remain in effect for an initial five-year period beginning upon the approval <br />date from County Engineer. Extension requests are pursuant to Kittitas County Code section <br />16.12.250. <br />12.01.090 Performance Guarantees. <br />Failure to comply with these Standards may result in denial of plan or development permit <br />approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee. <br />A. Construction Performance Guarantees: In lieu of the completion of any required <br />public or private improvements prior to final approval of a land-use development <br />activity, the applicant shall provide a performance guarantee in an amount and with <br />satisfactory surety and conditions providing for and securing to Kittitas County the actual <br />professional services, construction and installation of such improvements within two <br />years of final approval. The Director will enforce the guarantee through appropriate legal <br />and equitable remedies. All performance guarantees shall be prepared in accordance <br />with the Department of Public Works Performance Guarantee Form. <br /> <br />If a surety bond, letter of credit, or cash is provided, the amount covered shall equal <br />135% of the estimated design and construction cost. The estimated costs must be <br />reviewed and approved by the County Engineer. <br /> <br />The amount of the financial guarantee may be reduced during construction <br />proportionally to the amount of work completed, as said work is approved by the County <br />Engineer. <br /> <br />The applicant is legally and financially responsible for ensuring all roads are constructed <br />in accordance with this code. <br /> <br />B. Maintenance Performance Guarantees and Final Approval Requirements: <br /> <br />1. The successful performance of public improvements shall be guaranteed for a period <br />of not less than two years from the date of acceptance as an on-system road or final <br />construction approval of existing facilities.