APPENDIX U: MAINTENANCE BOND FORM
(Submitted on letterhead of Surety Company with executed power-of-attorney form attached.)
Bond No. & Rating:
Project Name and Section:
KNOW ALL MEN BY THESE PRESENTS: That We, the undersigned: (Developer and Contractor or Developer, only) (Street Address) (City, State, Zip), as principal and (Surety Name and Address), as Surety, are held and firmly bound unto the Town of Fortville, Indiana, in the penal sum of (amount) dollars ($ dollar amount), in lawful current money of the United States, for which payment will and truly be made, we bind ourselves, our heirs, successors, executors, and assigns in solido, by these presents.
Dated and signed at                             , Indiana this       day of                    , 20     .
THE CONDITIONS of this obligation are such that:
WHEREAS, the Principal has entered into an Agreement (attached) with the Obligee for the maintenance of the following physical improvements:
         Asphalt - Intermediate Course      Asphalt Surface Course
         Curbs                  Erosion Control
         Final Grading & Lawn Preparation   Lot Drainage
         Survey Monumentation         Multi-Use Paths
         Sanitary Sewer             Sidewalks
         Storm Drainage            Street Base (stone, asphalt, etc.)
         Street Lights                Street Signs
         Water System                                                                                                                                       
as required by the Fortville Town Code in accordance with all the provisions of the ordinances, rules, and regulations of the Town of Fortville, Indiana; and
WHEREAS, the above named principal did on the       day of                               , 20     , enter into a certain Agreement (attached) with the Town of Fortville to maintain for a period of 36 months from                    , 20     ,the improvements in (Name/Section) Subdivision, and keep all items indicated above 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 Town of Fortville.
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 hereunder and shall fully pay and discharge all of said principal's obligations to the Town of Fortville, Indiana, then this obligation shall be null and void; otherwise to be and remain in full force, effect, and virtue.
IN TESTIMONY WHEREOF, we have set our hands, in the presence of the two undersigned competent witnesses this day, month and year above written.
By:                                                                    By:                                                          Company Name (Principal)               Surety Company
                                                                                                                       
   Signature                   Signature of Attorney-in-Fact
                                                                                                                          
   Type/Print Signatory’s Name and Title         Type/Print Attorney-in-Fact
Subscribed and sworn before me, a Notary Public, in and for said County and State, this          day of                           , 20      .
   Notary Public
   County of Residence
   Commission Expiration
Attached:   Executed Maintenance Bond
      Executed Performance Bond Agreement
(Ord. 2020-1D, passed 1-6-20)