DEVELOPMENT AGREEMENT
This Agreement entered into this day of , 20_, by and between with address at (hereinafter the "Owner") and the Village of Commercial Point with address at 10 West Scioto Street, Commercial Point, Ohio (hereinafter the "Village") for the , a subdivision of the Village (hereinafter called the "Project").
WHEREAS, certain ordinances of the Village in force on the date of this Agreement (hereinafter the "Subdivision Regulations") require the Owner to enter into an agreement with the Village.
NOW, THEREFORE, the Owner and the Village, in consideration of the mutual covenants set forth herein, agree that:
I. OWNER RESPONSIBILITIES: The Owner shall:
1.1 Develop or cause the development of the Project in accordance with the Subdivision Regulations, Construction and Material Specifications and the construction plans approved by the Village.
1.2 Unless specifically stated otherwise, be responsible for the entire cost associated with developing the Project, including engineering and construction, fees and deposits.
1.3 Construct the following improvements contained in the Project (hereinafter the "Improvements") and provide to the Village plans, specifications and supporting data describing the Improvements:
(a) Streets and parking areas, graded full width and paved including drainage structures, bridges, curbing and other improvements all as shown on the Village Standard Drawings;
(b) Sanitary sewers, including manholes, services and all appurtenances;
(c) Water distribution system including mains, services, valves, fire hydrants and all appurtenances;
(d) Storm sewers, retention ponds including manholes, inlets and all appurtenances;
(e) Monuments, stakes and all survey control required.
(f) Street signs designating the name of each street at each intersection within the Project. Street signs shall conform to the standards established by the Village;
(g) All other public improvements shown on the plan and plat as approved by the Village, including street lights.
(h) Dedication or granting of land necessary for all rights of way and dedication or granting of all easements necessary for the Improvements.
1.4 Await the Village's approval of the plans and specifications before beginning any construction work.
1.5 Guarantee that the labor, material and equipment used to develop the Project meet the Village requirements by providing a performance bond equal to one hundred percent (100%) of the estimated construction costs of the Improvements, if the plat is to be signed.
1.6 Provide the Village at least three (3) day notice prior to beginning any construction work and will keep the Village advised of the work schedule throughout the development of the Project.
1.7 Prior to conditional acceptance of the Project by the Village, guarantee all labor, material and equipment incorporated in the improvements that will become public against defects and deficiencies, for at least one year, by providing either:
(a) A maintenance bond equal to twenty-five percent (25%) of the construction cost for the Improvements; or
(b) A certification to the Village by a financial institution or corporation acceptable to the Village Solicitor;
That funds equal to ten percent (10%) of the estimated construction cost for Improvements have been set aside in an escrow account;
That these funds cannot be released without a release by the Village;
That the institution or corporation holding the funds shall release to the Village any and all of the funds so escrowed for the purpose enumerated herein; and
That the escrow account will not be closed out without the approval of the Village with the final acceptance of the public improvements by the Village constituting release of the escrow account lacking any formal release by the Village.
1.8 Provide a written request for the maintenance guarantee release upon completion of at least one year maintenance period during which the Improvements are maintained in a satisfactory condition and all expenses incurred by the Village pursuant to this Project have been paid in full.
1.9 Cause the work described in the approved construction drawings, specifications and supporting data, as required herein, to be completed within a year of the approval of the construction plans unless approved otherwise by the Village.
1.10 Remove or cause to be removed such dirt, debris and foreign matter from all public rights-of-way and/or easement areas as were deposited, left or resulted from the construction of the Improvements or from the development of the Project, within twenty-four hours after being notified by the Village that such work is required. Such removal shall be done to the satisfaction of the Village Engineer.
1.11 Prior to acceptance or conditional acceptance of the Project by the Village, the Owner will:
(a) Provide the Village with the original signed plans, with two sets of prints, annotated to reflect the "as-constructed" conditions, the original recorded plat, and a copy of the "as-constructed" plans on a compact disc AutoCAD and PDF format, and GIS plan indicating all project utilities;
(b) Have all sanitary sewers cleaned and provide a bond guaranteeing that after two years or after the last home in this phase is completed, whichever is longer, all sanitary sewers will be re-cleaned and televised and a CD provided to the Village.
(c) Provide a Bill of Sale transferring ownership of all Improvements to the Village. The Bill of Sale shall be in a form acceptable to the Village
II. GENERAL TERMS:
2.1 When there appears to be, or there is in fact, a conflict between this Agreement and the Subdivision Regulations, the more stringent shall govern.
2.2 No conveyance shall be made of any lot or parcel smaller in frontage or area than indicated on the plat except for the purpose of increasing the area of another lot or expanding the width or length of a public right of way.
2.3 The Owner shall hold the Village free and harmless from any and all claims for damage of every nature arising or growing out of the construction of the Improvements or resulting from the Improvements and shall defend, at Owner's own cost and expense, any suit or action brought against the Village by reason thereof, except such liability of the Village resulting from its sole negligence.
2.4 Upon violation of, or failure to comply with, any of the terms of this Agreement by the Owner, the Village may take any of the following actions:
a. Stop all work on the Project forthwith;
b. Continue any unfinished work or replace any unaccepted work to a point that any Improvements do not appear to create a health or safety hazard or create maintenance or repair expense to the Village because of their state of completion by:
1. Holding the bonding company responsible,
2. Using the certified check, or proceeds thereof, or
3. Using the funds in the escrow account.
2.5 This Agreement represents the entire and integrated agreement between the Owner and the Village for the Project and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruction signed by both Owner and Village.
2.6 The Owner and Village each binds himself/herself and his/her partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as set forth in this section 2.6, neither the Owner nor the Village shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Owner and the Village.
2.7 Notices: Any notice required by this Agreement shall be conclusively presumed to have been received if in writing and if delivered personally or sent by registered or certified mail, postage prepaid, to the party to be notified at the party's last address on file with the party sending the notice.
2.8 Legal Interpretation: This Agreement shall be construed and interpreted in accordance with the laws of the State of Ohio.
IN CONSIDERATION WHEREOF, the Village hereby grants the Owner the right and privilege to make the improvements stipulated herein.
IN WITNESS WHEREOF, the parties hereto have set their hand and seals, and have executed this Agreement on the day and year first above written.
VILLAGE OF COMMERCIAL POINT
ATTEST: By
OWNER
ATTEST: By
Its
ACCEPTED AS TO FORM: