APPENDIX T: MAINTENANCE BOND AGREEMENT FORM
This Maintenance Bond Agreement is hereby presented by                                                               ,
   (Name of Subdivider), the "Principal"
and
                     
   (Name of Bonding Company), the "Surety Company"
This Maintenance Bond Agreement is hereby presented by                                                               ,
   (Name of Subdivider), the "Principal"
and
                     
   (Name of Bonding Company), the "Surety Company"
to the Hancock County Board of Commissioners (the "Board") this               day of                       , 20      , for purposes of obtaining the Board's acceptance of public maintenance of certain improvements and installations within
               Section                    of                                                              
                        (Name of Subdivision), the "Subdivision"
located in Hancock County, Indiana.
WITNESSETH:
WHEREAS, the Principal has installed certain improvements and installations within the Subdivision to the satisfaction of the Board, but the following improvements and installations have not been accepted for public maintenance:
   Check all items below covered by the maintenance bond(s) and list dollar amount with bond number:
       Bond Type            Dollar Amount          Bond Number
      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                                                                    
                                                                                                 
                                                                                                
WHEREAS, the Principal now desires for the Board to accept public maintenance of certain improvements and installations within the Subdivision; and
WHEREAS, the Surety Company has pledged a maintenance bond for any maintenance actions required of the Principal related to said improvements and installations; and
WHEREAS, the terms and provisions of the maintenance bond(s) shall remain in full force and effect until such time when the Board has executed a written Release of Maintenance Bond; and
WHEREAS, the Surety Company and Principal jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Hancock County Plan Commission and Board of Commissioners jointly and severally for the maintenance of the above-listed improvements required by the Plan Commission and the Hancock County Code, and agree to be held and firmly bound unto the Board; and
WHEREAS, the Principal certifies that all improvements and installations within the Subdivision have been completed in accordance with the requirements, standards, and specification of the Hancock County Code, other applicable ordinances and regulations of the County, and the construction plans for the Subdivision as approved by the County.
NOW, THEREFORE, Principal:
   (1)   Warrants the workmanship and materials used in the construction, installation and completion of said improvements and installations to be of good quality and constructed and completed in a workmanlike manner in accordance with the requirements, standards and specifications of the Hancock County Code, other applicable ordinances and regulations of the County, and the construction plans for said improvements and installations as approved by the County; and
   (2)   Agrees to maintain said improvements and installations at the Principal's own expense for a period of not less than 36 months after the date on which said improvements and installations are accepted for public maintenance by the County, and shall make all repairs thereto which may become necessary by reason of improper workmanship or materials.
   (3)   Upon receipt by the Surety Company of written notice from the Board stating that the Principal has failed to maintain said improvements and installations as required by the Plan Commission, the Hancock County Code, and the maintenance bond(s), the Surety Company shall, at the option and direction of the County, promptly and at the Surety Company's expense take one of the following actions:
      (a)   Arrange for the Principal, with written consent of the Board, to maintain the improvements and installations as required by the Plan Commission, the Hancock County Code, and the maintenance bond(s);
      (b)   Undertake maintain the improvements and installations as required by the Plan Commission, Hancock County Code, and the maintenance bond(s); or,
      (c)   Make payment to the County in the amount to be incurred by the County to maintain the improvements and installations as required by the Plan Commission, Hancock County Code, and the maintenance bond(s). The amount of the maintenance bond(s) shall be credited for any payments made in good faith by the Surety Company, provided that the Surety Company's obligations under this paragraph (3)(c) shall not exceed $                       in the aggregate.
   (4)   If the Surety Company does not proceed as provided above with reasonable promptness, but in all events within thirty (30) days, the Surety Company shall be deemed to be in default on the maintenance bond(s) fifteen (15) days after receipt of an additional written notice from the Board to the Surety Company demanding that the Surety Company perform its obligations under the maintenance bond(s), the County shall be entitled to enforce any remedy available to the County.
   (5)   Upon compliance with the terms and provisions of the maintenance bond(s) and the execution of a written Release of Maintenance Bond by the Board, the obligations contained herein shall become null and void.
IN WITNESS WHEREOF, the undersigned have executed this instrument this            day of                  , 20      .
By:                                                           By:                                         
   Name of Subdivider                  Name of Surety Company
                                                                                        
   Signature of Principal      Signature of Attorney-in-Fact
                                                                                        
   Printed            Printed
                                                                                         
   Title            Title
                                                                                         
   Notice of Address         Notice of Address
By: HANCOCK COUNTY         ATTEST:
BOARD OF COMMISSIONERS
                                                                                                
                                                      Auditor, Hancock County
                                             
Attached: Executed Maintenance Bond(s) and Forms
(Ord. 2003-10F, passed 10-12-03)