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Council accepts developer performance bond to permit early lot sales at Cascade Point subdivision

2322381 · February 4, 2025
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Summary

Oconee County Council approved accepting a developer performance bond covering 25% of estimated infrastructure completion costs so the developer may sell the first phase of Cascade Point subdivision lots while finishing infrastructure work.

Oconee County Council approved acceptance of a developer performance bond on Jan. 31 to allow the Cascade Point subdivision developer to sell lots in an initial phase before all infrastructure was complete.

Staff described the arrangement as a commonly used surety: the developer posts a bond for a portion of the estimated cost to complete roads, water and sewer to final plat standards (staff said the developer provided a bond equal to 25% of the cost to get to final plat). The bond is secured by a surety or letter of credit purchased by the developer; if the developer fails to finish the infrastructure, the county may call the bond and use the proceeds to complete the work.

County staff said much of grading and initial utilities are in place—roads cut in, some water completed and sewer more than 90% finished—and that allowing the first 70 lots to be sold would enable the developer to begin lot sales while continuing infrastructure work. Staff emphasized the bond places the financial responsibility on the developer and the surety company, and the bond is held in the county’s name as beneficiary to protect taxpayers.

A council member asked for clarification about tax map numbers and confirmed the county would procure work via normal bidding procedures if it called the bond. The council moved, seconded and approved acceptance of the performance bond; the motion passed by voice vote.

The action does not place long‑term debt on the county but creates a contingent claim on the bond if the developer defaults: county staff said the bond protects the county by enabling infrastructure completion funding without immediate county capital outlay.