Section 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.Haw. Code R. § 19-170-199
[Eff MAY 5 2013] (Auth. HRS §§ 206J-5(5), 206J-7)