Subdivision or developer's bonds in the case of areas which contain undedicated streets and are received for record purposes only, pending construction of public improvements, shall be in the forms hereinafter provided.
(a) Forms.
(1) Performance bond for use by the City's contractors.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Maple Heights, in the penal sum of Dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents.
The conditions of this obligation are such that whereas the above named Principal, did on the day of A.D. 19 , enter into the contract hereto attached with the said, the City of Maple Heights, which said contract is made a part of this bond the same as if fully set forth herein:
Now, if the said party of the second part in the aforesaid contract shall well and truly execute all and singular the stipulations by it to be executed, and shall fully perform the work therein specified, in a good and workmanlike manner and do and perform all and singular the terms, conditions, requirements, of the plans, specifications and contract, and shall indemnify and save harmless the City of Maple Heights from all suits and actions of every name and description brought against the City, its directors, or any officer of said City, for, or on account of any injury or damage to person or property arising from, or growing out of the construction of the work in said contract specified to be done, or the doing of any of the work therein described, and shall indemnify and save harmless the City of Maple Heights, from any and all suits and expense over and above the expense included in the contract price, for royalties or infringements on patents that may be involved in the construction of the appliances contracted for, or any of the parts thereof, or in the use of said appliances or any of the parts thereof hereafter, and if said party of the second part shall defend, at its proper cost and expense any and all suits, actions of every kind whatsoever, that may be brought against the City of Maple Heights by reason of the use of said appliances or any of the parts thereof, and further shall indemnify and save harmless said, the City of Maple Heights, from all liens, charges, claims, demands, loss, costs and damages of every kind and nature whatsoever, and shall pay all lawful claims of subcontractors, material men and laborers for labor performed, and for materials furnished in the carrying forward, performing or completing of said contract, then this obligation shall be void, otherwise shall be and remain in full force and virtue in law; we hereby agreeing and consenting that this undertaking shall be for the benefit of any laborer or material man having a just claim as aforesaid as for the said City of Maple Heights; and further that the parties of the foregoing contract may, from time to time, and as often as they see fit, make any additions to, omissions from, or modifications of the work, plans or specifications and the said surety herein stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract, or in or to the plans or specifications therefor, shall in any wise affect the obligations of said surety on its bond; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.
WITNESS our signatures this day of A.D.19
Principal
Surety
(2) Developer's improvement bond.
DEVELOPER'S IMPROVEMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that of as Principal and as Surety, are firmly held and bound unto THE CITY OF MAPLE HEIGHTS, an Ohio municipal corporation, in the sum of ($ ) for the payment of which, well and truly to be made, we do hereby jointly and severally bind ourselves, our successors, administrators, executors and assigns, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT
WHEREAS is interested in developing for residential, retail, light manufacturing or industrial purposes, as the case may be situated in the City of Maple Heights, Ohio, and
WHEREAS, the City of Maple Heights is of the opinion that certain assurances and protection are necessary once said improvements and property development are undertaken, and
WHEREAS, it would be contrary to the public peace, health, safety and welfare of the City of Maple Heights if buildings were constructed on premises abutting upon and in the vicinity of said street without adequate protection for the construction and other improvements therein as hereinafter set forth, and
WHEREAS, pursuant to the ordinances of the City of Maple Heights presently in full force and effect establishing requirements and conditions for the use of public and private roads within the City, it is unlawful for any officer or official of said City of Maple Heights to issue building permits for the construction of dwellings or buildings on said street unless adequate provision for the improvement thereof has been made, and
WHEREAS, the Director of Law of the City of Maple Heights has approved a Bond which will complete the improvement of said street as hereinafter provided by , which amount is not more than the established cost of completing the improvement of said street.
NOW, THEREFORE, if the Principal shall, on or before to the full satisfaction of the Council of the City of Maple Heights and its Engineer, by the construction of in accordance with the plans, specifications and profiles for said improvements which shall be approved by the City Engineer and the Mayor of the City of Maple Heights prior to the undertaking of said improvement, and shall save the City of Maple Heights harmless from any and all actions, loss, injury, damage or liability of whatsoever nature arising by reason of the condition of said street prior to the construction of said improvement, and from any and all actions, loss, injury, damage or liability of whatsoever nature which may arise or grow out of the construction of said improvement when undertaken, and shall pay all just and lawful claims for labor performed upon and for material, fuel and machinery furnished for said improvement, it being understood that this undertaking shall be for the use of any laborer, fuel or machinery man having a just claim as aforesaid, as well as for the City of Maple Heights, then this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF we have hereunto set our hand this day of , 19
By
(3) Alternate provision for developer's bond.
IT IS FURTHER UNDERSTOOD that no building permits shall be issued on the above mentioned street except when all public improvements, namely the:
1) Reinforced pavement with the curbs
2) 4" concrete sidewalk where and if scheduled
3) 6" concrete apron and sidewalk through the driveway portion
4) Surfacing and seeding of treelawns
5) Installation of ornamental shade trees (one per lot) required to be constructed by the principal on the following designated streets: (adjoining streets or areas in developer's subdivisions) will have been completed except for the planting of trees and treelawns or construction of sidewalks or driveway aprons on certain sublots in said streets where such planting or construction is delayed with the approval of City's inspector of buildings because developer shall lose such planting or construction by reason of subsequent construction activities. The Mayor of City may, however, require such construction or planting when he deems it necessary in the interests of City and the use of surrounding properties.
IN WITNESS WHEREOF we have hereunto set our hand this day of , 19
By
(Ord. 1964-150. Passed 6-16-65.)
(b) Release of Bonds and Partial Release. (See also Section 1242.06)
When the City Engineer has certified that the improvements are constructed, he or she shall notify the Public Works and Streets Committee of Council which shall immediately investigate, in company with the City Engineer, the Councilperson of the district involved, if he or she is not a member of the Public Works and Streets Committee, and a member of the Department of Service, and report its findings to Council which shall accept or state its requirements for acceptance of such constructed improvements. If accepted, the Clerk of Council shall cause the bond to be discharged. If there is some limitation on full acceptance of such improvements, Council may authorize the substitution of a lower bond until completion.
Prior to discharge of the construction bond, a maintenance bond assuring maintenance of the improvements during a period of two years (no difference in the case of a public contract) after acceptance of improvements shall be deposited with the Director of Service in an amount equal to one-tenth of the cost of construction. If maintenance of the improvement is satisfactory at the conclusion of such two-year period, the City Engineer shall notify the Clerk of Council, in writing, who shall cause discharge of such bond or bonds when authorized by Council.
(Ord. 1965-217. Passed 11-3-65.)
(c) Issuance of All Insurance by Same Firm. Surety and insurer shall be the same firm in all cases where surety bonds and insurance are required for the same work in this Building and Housing Code. All insurance shall be issued by the same insuring firm unless it is shown that the required policies cannot be issued by one firm in the area.
(Ord. 1964-150. Passed 6-16-65.)