Form 1 Sample agreement form for development of subdivision
Form 2 Sample surety bond
Form 3 Sample maintenance agreement form
Form 4 Sample maintenance bond form
Form 5 Completion affidavit
FORM 1 SAMPLE AGREEMENT FORM FOR DEVELOPMENT OF SUBDIVISION.
State of Indiana:
County of Fayette:
This AGREEMENT, made and entered into this _____ day of _______,19____, by and between ______________________, (Name of subdivider) hereinafter designated as OWNER, and the City of Connersville, Indiana, herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board of County Commissioners (if the plat of the subdivision is located in the unincorporated territory).
WITNESSETH:
WHEREAS, the Owner owns and designs to develop lots _____________ through ____________________, _________________________, (subdivision) located in _______________________,Indiana; and,
WHEREAS, the Plat of lots ______________ through ________________, inclusive, ________________________ Subdivision, will be given secondary approval by the Fayette County Area Plan Commission Staff upon the Owner posting a surety bond insuring the satisfactory installation and construction of the following improvements:
(Describe Improvements)
as shown on the Plat prepared by __________________ (Land Surveyor), attached hereto and made a part hereof, according to the terms and conditions of this Agreement; and,
WHEREAS, the Owner now desires secondary approval of the Plat of ________________________ Subdivision prior to the installation and construction of the above described improvements, which improvements will be installed and constructed at Owner's sole cost and expense:
NOW, THEREFORE, it is hereby agreed by and between the Owner and the City of Connersville, Indiana, (if the plat of the subdivision is located in the City), or Fayette County, Indiana, (if the plat of the subdivision is located in unincorporated territory), that for and in consideration of the approval of lots ___________ through _________ inclusive of_________________ Subdivision, and the sale of lots of therein without the above described improvements more particularly shown on the attached plan profile, having been first completed and approved, Owner binds and obligates himself with _______ months from date prepared by ____________________________ Land Surveyor, which plans meet the requirements of the Code of Ordinances of the City of Connersville, Indiana, or Fayette County, Indiana (as the case may be) as amended, and have been approved by a registered professional engineer or a registered land surveyor (as the case may be), said plans being attached hereto and made a part hereof.
The Owner, in order to further insure faithful performance of said obligation, has executed a ____________________ (surety bond, cashier's check or certified check) in the amount of $_______, which bond is attached hereto and made a part hereof, to guarantee the installation and construction of the following improvements:
(Describe Improvements same as above)
according to plans and specifications therefore. Said bond or check may be cancelled or released only upon receipt of a certificate by the City Engineer of the City of Connersville, or the County Surveyor of the County of Fayette (as the case may be), that all improvements and installations for the plat of the subdivision required for its approval have been made (completed) or installed in accordance with specifications.
The above described improvement shall be constructed under the provision of _____________________________ (Engineer or Surveyor) in full compliance with the specifications and requirements of the City of Connersville, (or Fayette County) and shall have and is hereby granted the right, without putting the said Owner in default, to ipso facto call upon the said surety to complete the improvements hereinabove described, and in default of the surety promptly causing such improvements hereinabove described, and in default of the surety promptly causing such improvements to be constructed according to the plans and specifications therefore, the City of Connersville, (or Fayette County) shall have the right to cause the improvements to be made and to call upon said surety for payment of all costs and expenses incurred in the construction thereof.
IN WITNESS WHEREOF, these presents have been signed in the presence of the undersigned competent witnesses, at __________________ on this ____________ day of _____________, 19___.
WITNESS: (NAME OF SUBDIVIDER OR DEVELOPMENT COMPANY)
____________________ by ____________________ City of Connersville, Indiana, herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board of County Commissioners (if the plat of the subdivision is located in the unincorporated territory).
BY ____________________________________
ATTEST: ________________________________________
Clerk-Treasurer of the City of Connersville, Indiana (or Auditor of Fayette County) (as the case may be).
(Ord. 3096, passed 2-1-92)
FORM 2 SAMPLE SURETY BOND.
State of Indiana
County of Fayette:
KNOW ALL MEN BY THESE PRESENTS, That ______________________ of________________ as Surety are held and firmly bound unto the City of Connersville, Indiana herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board County Commissioners (if the plat of the subdivision is located in the unincorporated territory), and to all contractors, subcontractors, journeymen, cartmen, workmen, laborers, mechanics, and furnishers of materials jointly as their interest occur, in the sum of ($_______________) dollars, in lawful current money of the United States, for which payment will and truly be made, we bind ourselves, our heirs, successors and assigns, in solido, by these presents.
Dated and signed at ________________ this ___ day of ___________, 19___.
THE CONDITIONS of this obligation are such that whereas, the above named principal did on the __________________ day of__________________ 19____, enter into a certain contract with the City of Connersville, Indiana, herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board of County Commissioners (if the plat of the subdivision is located in the unincorporated territory), to build or construct streets, sidewalks, curb and gutters, drainage and sewage facilities in accordance with the plans and specifications prepared by __________________ and approved by a Professional Engineer or Land Surveyor and approved by the Executive Director of the Commission.
NOW THEREFORE, if the aforesaid principal shall well and truly and faithfully perform said contract and comply with all of its tenor and discharge all of said principal's obligations thereunder, and shall fully pay and discharge all of said principal's obligations thereunder, to contractors, subcontractors, journeymen, cartmen, workmen, laborers, mechanics, and furnishers of materials employed and furnishers of materials employed and furnished in the execution of said contract, then this obligation shall be null and void; otherwise to be and remain in full force, effect and virtue.
IN TESTIMONY WHEREOF, we have here unto set our hands, in the presence of the two undersigned competent witnesses, this day, month and year above written.
BY: ___________________________
Attorney-in-Fact
________________________________
(Signature of Subdivider)
WITNESS:
_________________________________________________
_________________________________________________
(Ord. 3096, passed 2-1-92)
FORM 3 SAMPLE MAINTENANCE AGREEMENT FORM.
State of Indiana:
County of Fayette:
THIS AGREEMENT made and entered into this _______________ day of________________ 19___, by and between _______________________ (Name of subdivider) hereinafter designated as Owner, and the City of Connersville, Indiana, herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board of Commissioners (if the plat of the subdivision is located in the unincorporated territory).
WITNESSETH:
WHEREAS, the Owner has subdivided lots ________________ through _________________, _______________________ Subdivision, and has received approval and acceptance from the Board of Works (or the Board of Commissioners) for subdivision improvements constructed herein; and
WHEREAS, under the provisions of the Area Subdivision Control Code of Fayette County, Indiana, 1992, the Owner is required to maintain certain improvements for a period of three (3) years;
NOW THEREFORE, it is hereby agreed by and between the Owner and the Board of Works (or the Board of Commissioners) that the Owner hereby agrees that he will keep all filled trenches, pipes, manholes, structures, and paved or unpaved surfaces constructed by him in ___________________ Subdivision in good condition, and will make such repairs to any defect in materials or workmanship as may develop or be discovered when called upon to do so by the Board of Works (or Board of Commissioners).
It is agreed that this Agreement shall be in full force and effect for a period of three (3) years from ___________________, 19___.
IN WITNESS WHEREOF, these presents have been signed in the presence of the undersigned competent witnesses, at ___________________ on this _________ day of______________________, 19___.
WITNESS: (NAME OF SUBDIVIDER OR DEVELOPMENT COMPANY)
BY _____________________________________
BOARD OF WORKS, CONNERSVILLE, INDIANA
ATTEST: _______________
Clerk Treasurer
Date: ______________________, 19___.
or BOARD OF COUNTY COMMISSIONERS FAYETTE COUNTY, INDIANA
_____________________________________
President
_____________________________________
_____________________________________
ATTEST:
_____________________________________
Auditor of Fayette County
Date: ____________________, 19____.
(Ord. 3096, passed 2-1-92)
FORM 4 SAMPLE MAINTENANCE BOND FORM.
State of Indiana:
County of Fayette:
KNOW ALL MEN BY THESE PRESENTS, THAT __________________________, as Principal, and _______________________ dollars, in lawful current money of the successors, and assigns, in solido by these presents.
Date and signed at _________________________ Indiana, this _________________ day of ___________________, 19___.
THE CONDITIONS of this obligation are such, that whereas, the above named principal did on the ____________ day of ____________________, 19____, enter into a certain contract with the City of Connersville, Indiana, herein represented by the Board of Works (if the plat of the subdivision is located in the City), or the County of Fayette, Indiana, herein represented by the Board of Commissioners (if the plat of the subdivision is located in the unincorporated territory), to maintain for a period of _______ year(s) from ____________, 19___, the improvements in _____________________ Subdivision, and keep all filled trenches, pipes, manholes, structures, and paved or unpaved surfaces constructed by him in good condition, and shall make such repairs to any defects in materials or workmanship as may develop or be discovered when called upon to do so by the Board of Works (or Board of Commissioners, as the case may be).
NOW THEREFORE, if the aforesaid principal shall well and truly and faithfully perform said contract and comply with all its terms, covenants and conditions, according to its tenor and discharge all of said principal's obligations to ____________, then this obligation shall be null and void; otherwise to be and remain in full force, effect, and virtue.
IN TESTIMONY WHEREOF, we have hereunto set our hands, in the presence of the two undersigned competent witnesses this day, month and year above written.
By: _________________________
Attorney-in-Fact
_____________________________
(Signature of Subdivider)
WITNESS:
______________________________________________
______________________________________________
(Ord. 3096, passed 2-1-92)
FORM 5 COMPLETION AFFIDAVIT.
This is to certify:
(a) That the following improvements as designed and engineered for the ____________ Subdivision are complete and that inspection reports attested to by an approved Professional Engineer or Land Surveyor approved by showing them to be in accordance with the specifications and requirements of the Area Subdivision Code of Fayette County, Indiana - 1992;
(b) That surety has been posted to guarantee all materials and workmanship and to guarantee repair of any damage that may be inflicted upon the improvements listed in the course of completion of the subdivision; and
(c) That the Board of Works, (or County Commissioners, as the case may be), has accepted these improvements and will henceforth be responsible for all maintenance on them subject to the terms of the maintenance agreement with the subdivider.
(List Improvements)
_______________________________________________
BOARD OF WORKS, CONNERSVILLE, INDIANA
ATTEST:
_______________________________________________
Date:______________________, 19____.
(or) BOARD OF COMMISSIONERS FAYETTE COUNTY, INDIANA
_______________________________________
President
_______________________________________
_______________________________________
ATTEST:
____________________________________________
Auditor of Fayette County
Date:_______________________, 19___.
(Ord. 3096, passed 2-1-92)