This Agreement, executed on this day of , 19 , by and between (name of developer) the Subdivider, as evidenced by the Plat and the Kelleys Island Council of Erie County, Ohio, is governed by the following conditions and considerations, to wit:
Said subdivider shall cause no private construction of permanent buildings to be made on the lands within such plat until street construction is started with the approval of the County Engineer and all applicable permits are obtained. No house may be occupied until all improvements are accepted unless otherwise allowed by the County Engineer, Kelleys Island Council and Health Department.
Said subdivider shall construct, install or otherwise make all improvements shown and set forth to be done and performed by the engineering drawings and specifications, all of which are a part of this agreement. The subdivider shall pay the entire cost and expense of the required improvements.
Prior to County Engineer and the Mayor's signatures on the final plat, the subdivider shall execute a performance surety equal to 110% of the estimated cost of the public improvements (street, storm sewer, sanitary sewer and water lines and appurtenances) to the satisfaction of the Kelleys Island Council to insure the faithful performance of this agreement. The subdivider shall also deposit with the Erie County Engineer and the Village Council the sum of money estimated to be necessary to pay the cost of inspection. Should the amount of such deposit be insufficient to pay the cost thereof, the subdivider shall immediately, upon demand deposit such additional sums as are estimated by the Engineers to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded. (All checks may be made payable to the Village Clerk of Erie County, Ohio).
The subdivider shall hold Erie County, the Kelleys Island Planning Commission, Board of Public Affairs, Planning Commission Review Board, Village Council, Planning Commission Board of Appeals and the Erie County Engineer free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or their own cost and expense, each and every lawsuit brought against said Erie County, the Erie County Commissioners and the Erie County Engineer by reason thereof until the improvement has been accepted by the County Engineer, the Village Council and the Erie County Commissioners.
All work is to be performed within a period of two years from the date of this agreement, which is hereby fixed by said County as a reasonable period, but an extension of time may be granted if approved by the Village.
The subdivider further agrees that any violation of noncompliance with any of the provisions and stipulations of this agreement shall constitute a breach of contract and the Erie County Engineer, with the approval of the Kelleys Island Village Council shall have the right to stop the work forthwith and use the surety to complete the work.
This agreement shall be binding on the subdivider and his or her personal representatives, heirs and assigns.
In consideration whereof, the Kelleys Island Council hereby grants the subdivider or his agent the right and privilege to make the improvement stipulated herein.
WITNESSED BY: (NAME OF DEVELOPER)
Developer
Developer
KELLEYS ISLAND COUNCIL
OF ERIE COUNTY, OHIO
(Ord. 537, passed 7-19-90)