Performance Guaranty

Separate performance guarantees are required for erosion and sediment control improvements and for subdivision improvements. See Procedures for the Submission of Performance Guarantees and Agreements (PDF) for detailed instructions. All signatures on all Performance Guaranty Agreements must be notarized using the appropriate notary form(s) for the business entity(ies) involved.

The performance guarantee may be posted in one of the following manners:

• Certified or Cashier’s Check and completion of the appropriate Performance Guarantee Agreement (two originals required)
  • Performance Guarantee Agreement for Erosion and Sediment Control Improvements - Certified Check (PDF)
  • Performance Guarantee Agreement for Erosion and Sediment Control Improvements - Cashier's Check (PDF)
  • Performance Guarantee Agreement for Subdivision Improvements - Certified Check (PDF)
  • Performance Guarantee Agreement for Subdivision Improvements - Cashier's Check (PDF)
• Standby Letter of Credit and completion of the appropriate Performance Guarantee Agreement (two originals required)

The Letter of Credit is to be prepared on forms provided by the County (below) or on forms approved by the financial institution on which it is drawn (forms provided by the financial institution require review by the County Counselor’s office). Drafts must be drawn at offices in St. Charles County, Missouri counties contiguous to St. Charles County; or the City of St. Louis. The Letter of Credit must provide for automatic extension without amendment for additional one year terms unless the financial institution gives written notice of nonrenewal 45 days prior to the expiration date.

• Standby Letter of Credit for Erosion and Sediment Control Improvements (PDF)
  
  
  • Performance Agreement Letter of Credit for Erosion and Sediment Control Improvements (PDF)
• Standby Letter of Credit for Subdivision Improvements (PDF)
  
  
  • Performance Agreement Letter of Credit for Subdivision Improvements (PDF)
• Escrow or Lenders Performance Guarantee and Agreement (three originals required)
  • Performance Guarantee Agreement for Erosion and Sediment Control Improvements - Escrow (PDF)
  • Performance Guarantee Agreement for Erosion and Sediment Control Improvements - Lenders (PDF)
  • Performance Guarantee Agreement for Subdivision Improvements - Escrow (PDF)
  • Performance Guarantee Agreement for Subdivision Improvements - Lenders (PDF)

Establishing Guarantee Amounts

Performance guarantee amounts must be established by the consulting engineer or developer/owner and approved by the Director of the Development Review Division. An engineer's cost estimate is used to establish the guarantee amount and it must comply with reasonable standards and prices for the costs of construction as approved by the Director of the Development Review Division.

Guarantees for erosion and sediment control will be established and released in accordance with Section 412.080 of the County Codes. Guarantees for subdivision improvements will be established and released in accordance with Section 410.180 of the County Codes.

Questions?

Please contact the St. Charles County Development Review Division at 636-949-1814 or Email Development.