Duluth UDC § 1128.01
Development Performance and Maintenance Agreement
Governing jurisdiction
Duluth
Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.
Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.
- Article
- 11 — Procedures and Permits
- Pages in source
- 339
- Adopted
- 2025-09-08
- Amended through
- 2026-07-13
- Source
- Adopted PDF
Text
1. Performance: If applicable, agreement to complete required improvements yet to be completed (e.g.,
grassing, topping, sidewalks, required landscaping) by a date certain and to provide performance surety to
guarantee such completion in accordance with Section 1130. Final landscaping shall be provided in
accordance with a schedule acceptable to the Planning and Development Department. The developer
may be allowed up to nine months in which to finish the other designated improvements, after the date
of approval of the Certificate of Development Conformance.
2. Maintenance: Agreement to maintain and repair or restore as necessary all street, drainage and
landscaping improvements as required by this Development Code, whether public or private, and to
provide maintenance surety to guarantee such maintenance in accordance with Section 1129. Repairs
shall be made for any deficiencies identified within the maintenance period or the maintenance surety
shall be called to complete same.
3. Indemnification of the City against all liability for damages arising as a result of errors or omissions in the
design or construction of the development for a period of twenty years. If liability is subsequently
assigned or transferred to a successor in title or other person, a copy of such legal instrument shall be
filed with the Superior Court of Gwinnett County, Georgia. Failure to record such instrument shall not
affect the assignment of responsibility for liability indemnification.