(A) When specifically noted in this chapter, the following certificates shall appear on all secondary plats and certified surveys or final plats presented to the Commission for approval pursuant to this chapter.
(1) Land surveyor's certificate shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval pursuant to this chapter and read as follows:
LAND SURVEYOR'S CERTIFICATE
I hereby certify that I am a Land Surveyor registered in compliance with the laws of the State of Indiana; and I do hereby further certify that this plat depicts a survey made by me or under my supervision, and to the best of my knowledge and belief, conforms with the requirements as set forth in Indiana Surveying Law and complies with all requirements of the City of Aurora Zoning and Subdivision Regulations. Signed this ______ day of ______________, (year).
(Land Surveyors Signature)
(Typed or Printed Name) (SEAL)
(2) Owners certificate, with roadway dedication, shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval that contain a dedication of property for roadway purposes when there is a new or existing roadway and read as follows:
OWNER'S CERTIFICATE - WITH ROADWAY DEDICATION
This is to certify that the undersigned are the owners of the land shown and described on this plat and as said owners we have caused the said above described property to be surveyed and subdivided as shown on the herein drawn plat, as our own free and voluntary act and deed. We attest that to our knowledge, the proposed land division does not interfere with the performance of an existing individual sewage disposal system. We hereby grant to the City of Aurora a ____ foot right-of-way for constructing and/or maintaining a road. Signed this ____ day of __________, (year).
________________
Owner's Signature
___________________________
Owner's Typed or Printed name
NOTARY CERTIFICATE
STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared (name of person), and acknowledged the execution of the foregoing certificate as his/her voluntary act the ____ day of __________, (year).
______________________
Notary Public (signature)
(Name Typed or Printed)
My Commission Expires: ___________
Resident of __________ County, __________
(3) Owner's certificate, with other public dedication, shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval that contain a dedication of property for public uses other than roadways.
OWNER'S CERTIFICATE - OTHER PUBLIC DEDICATION
We the undersigned, being all the owners of the lands herein platted, do hereby voluntarily consent to the execution of the said Plat and do dedicate the parks or public grounds as shown here on to the City of Aurora to the public use for so long as they shall be used for the public purposes as shown or other purposes reasonably incident thereto. Signed this ____ day of ____________, _____.
____________________
Signature
____________________
Typed or Printed name
NOTARY CERTIFICATE STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared (name of person), and acknowledged the execution of the foregoing certificate as his/her voluntary act the ____ day of __________, (year).
_____________________
Notary Public (signature)
(Name Typed or Printed)
My Commission Expires: __________
Resident of _________ County, __________
(4) Owner's certificate, with no dedication, shall appear on all secondary plats and certified surveys that do not involve a public dedication.
OWNER'S CERTIFICATE - NO DEDICATION
This is to certify that the undersigned are the owners of the land shown and described on this plat and as said owners we have caused the said above described property to be surveyed and subdivided as shown on the herein drawn plat, as our own free and voluntary act and deed. We attest that to our knowledge; the proposed land division does not interfere with the performance of an existing individual sewage disposal system. Signed this ____ day of __________, (year).
(Owner's Signature)
(Type or Printed Name)
NOTARY CERTIFICATE STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared (Name of person), and acknowledged the execution of the foregoing certificate as his/her voluntary act this ____ day of __________, (year).
_______________________
Notary Public (Signature)
(Name Typed or Printed)
My Commission Expires: ___________
Resident of __________ County, __________
(5) City of Aurora Plan Commission certificate shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval.
CITY OF AURORA PLAN COMMISSION APPROVAL CERTIFICATE
This plat was approved by the City of Aurora Plan Commission on this ____ day of __________, (year).
(Planning Commission Designee Official Signature)
(Typed or Printed Name)
(6) County Recorder's certificate shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval.
COUNTY RECORDER'S CERTIFICATE
Received for recording this ____ day of _________, (year) and recorded in the Office of the Recorder of Dearborn County, Indiana.
(Recorder of Dearborn County Signature)
(Typed or Printed Name)
(7) Acceptance of dedications certificate shall appear on all secondary plats and certified survey including an acceptance of dedication.
ACCEPTANCE OF DEDICATIONS
Be it resolved by the Common Council, Aurora, Indiana, that the dedications shown on this plat are hereby approved and accepted this ____ day of __________, (year).
(Council Official Signature)
(Type or Printed Name)
(8) Sight distance certificate shall appear on all secondary plats and certified surveys with proposed building lots.
SIGHT DISTANCE CERTIFICATE
I hereby certify that this plat meets the minimum sight distance requirements of the Aurora Zoning Ordinance. Signed this ____ day of __________, (year).
(Land Surveyors Signature)
(Type or Printed Name)
(9) County Auditor's certificate shall appear on all secondary plats and certified surveys presented to the City of Aurora Plan Commission for approval.
COUNTY AUDITOR'S CERTIFICATE
Presented to the Auditor this ____ day of __________, (year).
(Auditor of Dearborn County Signature)
(Type or Printed Name)
(10) Subdivider's contract shall be as follows, when required.
SUBDIVIDER'S CONTRACT
This contract is executed this ____ day of __________, 20__ by _____________ Subdivider(s), and between the City of Aurora Government, as evidenced by a plat of a Subdivision which is on file in the Aurora Plan Commission Office, referred to as ____________ Subdivision, in Aurora, Indiana.
WITNESSETH:
1. The Subdivider(s) herein above set forth is/are the owner(s) in fee simple of the real estate known as ____________ Subdivision, located in Section(s) ________ Township ________ Range ____, of the First Principle Meridian, Aurora, Indiana;
2. It is the purpose and intention of this agreement to have the Subdivider(s) agree in writing to the performance and completion of certain work in connection with improvements necessitated by the division of land in the Subdivision as identified within the approved Improvement Plan and the regulations within the City of Aurora Subdivision Control and Zoning Ordinances. It is further the purpose of this agreement to enter into a contract obligating the Subdivider(s) to perform as hereinafter set forth, and secure this construction and performance by an approved form of guarantee.
NOW, THEREFORE IT IS AGREED:
A. The Subdivider(s), as herein before described, does/do herewith agree to construct, install, and provide without variation all required improvements—including, but not necessarily limited to streets, curbs and gutters, sidewalks, stormwater drain and sewer systems, sanitary sewer systems, water supply systems, street signs, monuments and the various appurtenances related thereto—as established on the approved Subdivision Improvement Plans approved by the Plan Commission on file with the City of Aurora;
B. The Subdivider(s) agree(s) that said work shall be performed, completed and installed pursuant to inspection and approval by the Street Commissioner or designee and in accordance with the City of Aurora Subdivision Control and Zoning Ordinances;
C. The Subdivider(s) further agree to do all that is necessary to accomplish the acceptance of the road(s) as public road(s) within ____ years from the date of this contract. The ____ year period (the "Contract Period") is hereby fixed as a reasonable length of time for completion of all work. The Subdivider(s) may request a contract extension by formally petitioning the Plan Commission designee, who may grant an extension in accordance with Performance Guarantee Alternative to Completion Requirement section of the Aurora Subdivision Code. After completion of the public improvements the Subdivider(s) shall provide a maintenance bond as required by the Subdivision Control Ordinance to guarantee the performance of the public improvements;
D. The Subdivider(s) shall be responsible for all maintenance work necessary during the Contract Period including ditch and/or storm sewers, snow removal and ice removal;
E. The Subdivider shall hold City of Aurora, Indiana and all its Departments, Agencies and Employees harmless for any and all liability claims, liens and encumbrances from all contractors, subcontractors and other party arising out of or as a result of the construction and maintenance or lack thereof while this contract is in effect;
F. The Subdivider(s) agree to provide an acceptable financial guarantee in the amount of __________________ to insure the performance of this contract and the required improvements. Said guarantee shall be held by the City of Aurora Plan Commission until satisfactory completion of the improvements, and maintenance period and all fees outstanding to City of Aurora have been paid. Any interest accrued on said guarantee during the contract period shall accrue to the City of Aurora as a service charge.
G. The Subdivider(s) agree(s) to apply to both the Common Council and Planning Commission, in writing, for the release of a financial guarantee once all required improvements have been installed and completed. The Subdivider(s) acknowledge(s) that any written request must be accompanied by a certification from their engineer or surveyor which states that, based on the information provided and to the best of his knowledge, all required improvements have been completed in the manner prescribed by the Aurora Subdivision Control Ordinance, this Contract, and the approved Primary Plat and Improvement Plan(s). The certification of the Subdivider's engineer or surveyor shall also be accompanied by "record drawings." All record drawings shall be submitted as an up-to-date Improvement Plan, and shall contain all of the information set forth in the Improvement Plan Requirements of the Aurora Subdivision Control Ordinance. Such record drawings must be prepared, signed, and stamped by the Subdivider's engineer or surveyor and must be submitted in both electronic (preferably CAD-based, where applicable)* and hard copy formats.
H. The Subdivider(s) agree(s) to construct, install, or repair any required improvement that does not meet the approved standards set forth in Aurora Subdivision Control Ordinance, this Contract, and the approved Primary Plat and Improvement Plan(s). All final determinations regarding the adequacy and completeness of required improvements will be made by the County Engineer or his designee, following the review of the Subdivider's "record drawings" and inspections performed by the Commissions' designee. *Any proposed change(s) to the approved Primary Plat and Improvement Plan(s) must be approved by the City of Aurora Plat Committee prior to the Subdivider's subsequent application to the City of Aurora Common Council to accept any public improvements.
(Property Owner's Signature)
(Typed or Printed Name)
Date
(Subdivider's Signature)
(Typed or Printed Name)
Date
STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared (Name of person), and acknowledged the execution of the foregoing certificate as his/her voluntary act this ___ day of _________, (year).
_______________________
Notary Public (Signature)
Name Typed or Printed
My Commission Expires: __________
Resident of _________ County, __________
(Aurora Plan Commission Official Signature)
_______________________
(Typed or Printed Name)
Date
(11) Performance guarantee form, to be issued with bonding company stationery, seal, and logo as follows and when required.
Date of Issue:
Financial Institution Performance Guarantee Identification # (if applicable):
Amount:
Expiration Date:_____________
Financial Institution Address:
__________________________
Contact and Telephone #
Beneficiary: City of Aurora
P.O. Box 158
Aurora, Indiana 47001
Attn: City Manager
We (Financial Institution), hereby establish in your favor this Performance Guarantee for the account of ______________, (hereinafter "Subdivider"), and ______________, (hereinafter "Owner"), up to an aggregate amount of ____________________(US dollars) which equals One Hundred Twenty percent (120%) of the cost of the Land Improvements described herein. We understand that this Performance Guarantee is to be used to construct all required improvements within the City of Aurora as shown on the approved Improvement Plan on file within the City and the submitted Secondary Plat as listed. (List Subdivision Name __________________ and Section or Phase _________________)
Withdrawals on this Performance Guarantee must be accompanied by written notice to the Financial Institution from the Planning Commission designee certifying either: (1) that said Performance Guarantee is about to expire and has not been renewed; and/or 2) that work has not been completed in accordance with the approved Improvement Plan listed above and any amendments thereof. It shall be the option of the Planning Commission designee acting as the agent for the City, to draw in full on this Performance Guarantee or make partial withdrawals as needed. Partial withdrawals shall not affect the full force of the remainder of this Performance Guarantee. Upon the completion of the agreed upon improvements by the City or its agent any unused funds shall be forwarded to the Financial Institution.
This irrevocable Performance Guarantee shall expire on (Date/Year); provided, however, the undersigned shall notify the City, by certified mail, return receipt requested, at least 30 days prior to said expiration date, that said Performance Guarantee is about to expire. In no event shall this Performance Guarantee or the obligations contained herein expire except upon said prior written notice and renewal, it being expressly agreed by the undersigned that the above expiration date shall be extended as shall be required to comply with this notice provision. Notice shall be made to the Beneficiary listed above. This Performance Guarantee can only be released prior to the expiration date upon written consent of the Beneficiary.
The undersigned further agrees that this Performance Guarantee shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and agreements for the project, with or without notice from the City of such amendments or modifications.
The Financial Institution hereby undertakes and engages that all demands made in conformity with this Performance Guarantee will be duly honored and payment shall be made in immediately available funds upon presentation.
The Financial Institution hereby represents and warrants to the Beneficiary that it has the full power, right and authority to deliver this Performance Guarantee, and that it is within all limits of such institution, and in accordance with terms on the undersigned institution.
NAME OF THE FINANCIAL INSTITUTION
ATTEST: ______________________________
By: ___________________________________
(Principal's Signature)
_____________________________
(Principal's Typed Name & Title)
By: ___________________________________
(Surety Representative's Signature)
_______________________________________
(Surety Representative's Typed Name & Title)
STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared ___________________________ (Name of persons above), and acknowledged the execution of the foregoing Performance Guarantee as his or her voluntary act this ____ day of _________, (year).
______________________
Notary Public (Signature)
Name Typed or Printed
My Commission Expires: ___________
Resident of __________ County, __________
(City Plan Commission Official Signature)
(Typed or Printed Name)
Date
(12) Maintenance guarantee form, to be issued with bonding company stationery, seal, and logo.
Date of Issue:
Financial Institution Maintenance Guarantee Identification # (if applicable):
Amount:
Expiration Date: ________________________
Financial Institution Address:
Contact and Telephone #
Beneficiary: City of Aurora
P.O. Box 158
Aurora, Indiana 47001
Attn: City Manager
We (Financial Institution), hereby establish in your favor this financial guarantee for the account of _________________, (hereinafter "Subdivider"), and _______________, (hereinafter "Owner"), up to an aggregate amount of __________________ (US dollars) which equals One Hundred Twenty percent (120%) of the cost of the Land Improvements described herein. We understand that this financial guarantee is to be used to finish all required improvements not completed or installed by the Owner/Subdivider and to secure the performance of all required maintenance improvements as shown on the approved Improvement Plan on file within the City offices and the submitted Secondary Plat as listed. (List Subdivision Name ________________ and Section/Phase __________________)
Withdrawals on this financial guarantee must be accompanied by written notice to the Financial Institution from the Planning Commission or their designee certifying either: (1) that said financial guarantee is about to expire and has not been renewed; (2) that work has not been completed in accordance with the approved Improvement Plan listed above and any amendments thereof; and/or (3) the required improvements have failed to perform as required. It shall be the option of the Planning Commission designee acting as the agent for the City, to draw in full on this financial guarantee or make partial withdrawals as needed. Partial withdrawals shall not affect the full force of the remainder of this financial guarantee. Upon the completion of the agreed upon improvements by the City or its agent any unused funds shall be forwarded to the Financial Institution.
This irrevocable financial guarantee shall expire on (Date/Year); provided, however, the undersigned shall notify the City, by certified mail, return receipt requested, at least 30 days prior to said expiration date, that said financial guarantee is about to expire. In no event shall this financial guarantee or the obligations contained herein expire except upon said prior written notice and renewal, it being expressly agreed by the undersigned that the above expiration date shall be extended as shall be required to comply with this notice provision. Notice shall be made to the Beneficiary listed above. This financial guarantee can only be released prior to the expiration date upon written consent of the Beneficiary.
The undersigned further agrees that this financial guarantee shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and agreements for the project, with or without notice from the City of such amendments or modifications.
The Financial Institution hereby undertakes and engages that all demands made in conformity with this irrevocable Letter of Credit will be duly honored and payment shall be made in immediately available funds upon presentation.
Each of the undersigned institutions hereby represents and warrants to the Beneficiary that it has the full power, right and authority to deliver this Irrevocable Letter of Credit, that the same is within all lending limits of such institution, is in accordance with terms on the undersigned institution.
The Financial Institution hereby undertakes and engages that all demands made in conformity with this financial guarantee will be duly honored and payment shall be made in immediately available funds upon presentation.
The Financial Institution hereby represents and warrants to the Beneficiary that it has the full power, right and authority to deliver this financial guarantee, and that it is within all limits of such institution, and in accordance with terms on the undersigned institution.
NAME OF THE FINANCIAL INSTITUTION
ATTEST: ______________________________
By: ___________________________________
(Principal's Signature)
(Principal's Typed Name & Title)
By: ___________________________________
(Surety Representative's Signature)
(Surety Representative's Typed Name & Title)
STATE OF INDIANA, COUNTY OF DEARBORN, ss:
Before me the undersigned, a Notary Public, for said County and State, personally appeared ____________________ (Name of persons above), and acknowledged the execution of the foregoing Maintenance Guarantee as his or her voluntary act this ____ day of ___________, (year).
Notary Public (Signature)
Name Typed or Printed
My Commission Expires: _______________
Resident of ___________ County, _______________
(Aurora Plan Commission Official Signature)
(Typed or Printed Name) Date
(Ord. 2019-008, passed 5-13-19)