THIS AGREEMENT is entered into this ______ day of ______________, 20__, between the Village of Canal Winchester and, being the owner/developer of a tract of land situated in the Village of Canal Winchester, hereinafter referred as the SUBDIVIDER, as evidenced by the (Project Name) _____________________ Subdivision Plat to be filed with the (County) Recorder, _______________ County, Ohio. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: Said SUBDIVIDER is to construct, install and complete all public improvements shown on the improvement plan on file with the Village of Canal Winchester in compliance with the approved engineering drawings and specifications, all of which are a part of this AGREEMENT. Said SUBDIVIDER is to execute a Performance Bond, certified check, irrevocable letter of credit, or other approved financial surety equal to the cost of construction as shown in the Project Engineer's Estimate, which has been reviewed by the Village Engineer and is acceptable to the Village of Canal Winchester, to insure faithful performance of this AGREEMENT and the completion of all improvements in accordance with the Subdivision Regulations of the Village of Canal Winchester, Ohio. The SUBDIVIDER shall pay the entire cost and expenses of said improvements. The SUBDIVIDER agrees to release, indemnify and hold harmless the Village of Canal Winchester and its officials, employees and/or agents from all claims, suits, actions and proceedings which may originate from or on account of any death, injuries or damages to persons or property arising form or sustained as a consequence of any actions or omissions of SUBDIVIDER or its contractors or subcontractors in the performance of the work set forth in this AGREEMENT. All public improvement construction shall be performed within one year from the date on which this AGREEMENT is executed by the Village of Canal Winchester and SUBDIVIDER. Daily construction work shall only be between the hours of 7 a.m. and 6 p.m., unless otherwise authorized by the village. The SUBDIVIDER shall have a competent representative who is familiar with the project on site during construction. The representative shall be capable of reading plans and specifications and shall have the authority to execute the plans and specifications and alterations required by the Village of Canal Winchester. The representative shall be replaced by the SUBDIVIDER when, in the opinion of the Village of Canal Winchester, his/her performance is deemed inadequate. The SUBDIVIDER further agrees that the Village of Canal Winchester shall have the right to stop work forthwith and act against the performance surety for the purpose of proper abandonment and/or completion of the public improvements within this subdivision as the Village shall deem necessary and appropriate in the event SUBDIVIDER defaults on its obligations to install the public improvements in accordance with the terms and conditions of this AGREEMENT.
It is further agreed that upon execution of this AGREEMENT, the SUBDIVIDER shall deposit $___________________ dollars estimated to be necessary to pay the cost of inspection by the Village of Canal Winchester and, if deemed necessary by the Village of Canal Winchester, testing by an independent testing laboratory. The SUBDIVIDER agrees to deposit additional funds when, upon notice by the Village of Canal Winchester, the inspection and testing fees are anticipated to exceed
the original retainage amount. Upon completion and acceptance of the construction, the remaining amount in this fund shall be returned to the SUBDIVIDER. Upon the completion of construction, the SUBDIVIDER shall be responsible for the maintenance, repair or reconstruction of any and all defective materials or workmanship for a period of one (1) year and roadway items for an additional period of four (4) years. The SUBDIVIDER'S Performance Bond, certified check, irrevocable letter of credit or other financial surety shall be released to the SUBDIVIDER only when replaced with a Maintenance Bond, or other financial surety approved by the Village of Canal Winchester, in an amount estimated by the Village Engineer for maintenance of the subdivision's public improvements. This Maintenance Bond, or other financial surety, may be approved only after the Village of Canal Winchester has been provided evidence that all work has been completed in accordance to the approved construction plans to the Village of Canal Winchester's satisfaction. Acceptance of the public improvements in said subdivision shall be made by written request from the SUBDIVIDER to the Village. The SUBDIVIDER'S maintenance responsibility as described above shall commence upon formal acceptance by the Village Council. The SUBDIVIDER shall, within thirty (30) days following the completion of construction and prior to final acceptance, furnish to the Village of Canal Winchester "as built" drawings of the improvements, which plans shall become the property of the Village of Canal Winchester. The SUBDIVIDER shall indemnify and hold harmless the Village of Canal Winchester from expenses or claims for labor or material incident to said construction of improvements, and shall take necessary steps to release any mechanics lien. The SUBDIVIDER shall obtain all other necessary utility services incident to the construction of the improvements and for their continued operation. The SUBDIVIDER shall be responsible for all utility charges and installation costs. The utility user charges shall be paid by the SUBDIVIDER and maintained in continuous use throughout the construction and testing phases until accepted for operation and maintenance by the Village of Canal Winchester. SUBDIVIDER grants the Village a license to enter upon the subject real property, from and after the date of this AGREEMENT, to perform such completion or abandonment of the improvements as the Village shall deem necessary and appropriate in the event SUBDIVIDER defaults on its obligations to install the improvements in accordance with the terms and conditions of this AGREEMENT. SUBDIVIDER agrees to withhold all Village income taxes for wages, salaries and commissions paid to its employees, and further agrees that any of its subcontractors shall be required to withhold any such Village income taxes for services performed under this AGREEMENT. In consideration whereof, the Village of Canal Winchester, Ohio hereby grants the SUBDIVIDER or his/her agent the right and privileges to make the improvements stipulated herein. SUBDIVIDER _________________________ Title: _________________________
Accepted on behalf of the Village of Canal Winchester, this day of __________________ , 20___ _________________________ ( insert mayor's name ), Mayor
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