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WITNESSETH
Self-Bond No. ______________
WHEREAS, (hereinafter referred to as Guarantor) owns or controls (hereinafter referred to as Operator);
WHEREAS, Guarantor satisfies the financial requirements and criteria set by the McCracken County Subdivision Regulations pertaining to self-funded Bond guarantees;
WHEREAS, Operator has requested and desires to place with the McCracken County Fiscal Court its self-bond to secure public improvement as set forth in the Subdivision Public Improvements Agreement;
WHEREAS, Guarantor desires to guarantee the funds pledged under Operator’s self-bond;
WHEREAS, Guarantor has the full authority under the laws of the Commonwealth of Kentucky, under which it is incorporated, its articles of incorporation and by-laws to enter into this guarantee;
WHEREAS, Guarantor has full approval from its Board of Directors to enter into this guarantee;
WHEREAS, it is in the best interests of Guarantor, in the legitimate furtherance of its purposes and business, to enter into this guarantee;
I) NOW, for value received, and in consideration of the approval and execution of Self-Bond No. __________, Guarantor, a corporation created and existing under the laws of the Commonwealth of Kentucky, their successors and assigns, jointly and severally, do hereby covenant, guarantee, promise and agree to make prompt payment upon demand of the full amount, or portions thereof, of the self-bond of Operator, on the terms and conditions described herein, said payment of monies to be used for the completion of public improvements in strict compliance with the terms of the Subdivision Public Improvements agreement. This guarantee covers any and all demands, liabilities, charges, and expenses of whatsoever kind or nature, which McCracken County may at any time sustain or incur by reason of or in consequence of having accepted the self-bond or Operator, including all litigation costs and all administrative costs reasonably incurred by McCracken County in any successful effort to enforce obligations and requirements of the Operator with respect to the operation or activity that is bonded.
II) This Corporate Guarantee is a continuing guarantee and is to be in full force and effect until all of the terms of Operator’s self-bond and Subdivision Public Improvements Agreement has been satisfactorily performed or otherwise discharged to the satisfaction of McCracken County.
III) Guarantor hereby fully consents to the following, any of which shall not affect nor change or discharge the obligations of this guarantee:
A) Any renewals, revisions, modifications to the terms of the self-bond, including increases or decreases in the dollar amount of the bond, or the lands to which it applies.
B) Any extension of time for performance of the whole or any part of the conditions of the self-bond.
C) Any changes, revisions, modifications or renewals to the terms of the permits, including the mining and reclamation plans contained therein.
IV) Guarantor expressly waived the following:
A) Notice of the acceptance of this Corporate Guarantee by McCracken County.
B) Notice of renewals, revisions, modifications to the self-bond.
C) Notice of changes, revision, modifications or renewals of the terms of the permits of the Operator.
D) Notice of any extensions of time for performance of the whole or any part the condition of the self-bond.
E) Notice of bond forfeiture proceedings, notice of any demand for payment of self-bond; or any dishonor thereof.
F) All other notices to which Guarantor might otherwise be entitled in connection with this Corporate Guarantee or the obligation hereby guaranteed.
G) The institution of any civil actions or the exhaustion of legal remedies against the Operator as a condition to enforce of this Corporate Guarantee.
V) This Corporate Guarantee is subject to the following conditions, to-wit:
A) Any demand for funds shall be accompanied by a signed statement that McCracken County has forfeited, in whole or in part, the self-bond.
B) This Corporate Guarantee shall be limited in amount as follows:
1) Public Improvement costs: the indebtedness reflected by the cost of completion of the Public Improvements in compliance with the Subdivision Public Improvements Agreement.
2) Litigation and administrative costs: the actual amount of such costs reasonably incurred in any successful effort to enforce requirements and obligations of the Operator and/or the obligations of the Guarantor under this agreement. Litigation and administrative costs shall not be limited by the indebtedness reflected by the approved self-bond.
C) If the Operator fails to complete the Public Improvements in compliance with the Subdivision Public Improvements Agreement, the Guarantor shall be required to pay to McCracken County the amount in full necessary to complete the approved reclamation plan, no to exceed the bond amount, within ten (10) business days after receipt of McCracken County demand for payment. Guarantor hereby agrees that demands for payment may be based and are payable on projections of costs or their actual accrual and that liability for payment shall not be contingent on the costs having been presently sustained.
D) This Corporate Guarantee may be canceled only upon notice of said cancellation being sent to the Operator and McCracken County at least ninety (90) days in advance of the proposed cancellation date and then only upon acceptance of the cancellation by McCracken County. The cancellation shall be accepted by McCracken County if the Operator obtains a suitable replacement bond before the proposed cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not and will not be disturbed under the terms of the permit, or the self-bond has been released in accordance with the provisions of Chapter 22, Article 3 and the rules and regulations promulgated thereunder.
VI) This Corporate Guarantee shall be and continue effective notwithstanding any present or future legal disability of the Operator.
VII) There are no conditions or limitations to this Corporate Guarantee except those contained herein at the date hereof, and thereafter no alteration, change or modification hereof shall be binding or effective unless executed in writing, signed by the guarantor, and approved by McCracken County.
VIII) Guarantor agrees to pay all costs and expenses incurred by McCracken County which are expended in any successful action instituted to enforce the terms of this guarantee.
IX) This guarantee shall be good and effective notwithstanding any change or changes in the business name of the operator.
X) No changes, revisions, modifications or renewals to the self-bond of the Operator or the terms of permits shall act as a release of the Guarantor from this Corporate Guarantee.
XI) All notices required to, or which may be given shall be effective when received by the addressees at the addresses specified below. Personal delivery shall have the same effect as notice given by mail. Notices given by mail shall be sent certified.
GUARANTOR
Name | Address |
FOR
Name | Address |
XII) In case of the insolvency, bankruptcy or dissolution of the Operator, all funds represented by the self-bond shall immediately become due and payable and this Corporate Guarantee may thereupon be enforced.
XIII) This Corporate Guarantee is one of payment and not of collection.
XIV) The failure of any person or persons to sign this Corporate Guarantee shall not release or affect the liability of Guarantor.
XV) This Corporate Guarantee is a binding contract and shall be construed under and subject to the laws of the Commonwealth of Kentucky with jurisdiction and venue rested solely in the McCracken County Circuit Court.
(Ord. passed 11-27-2017)
WHEREAS, all policy related decisions of McCracken County, Kentucky (hereinafter “County”) are guided by its duty to safeguard and provide for the health, safety and welfare of the citizens;
WHEREAS, because concrete, brick, stone and other custom made mail receptacles are unable to bend, give or fall out of the way in the event of a motor vehicle collision, such receptacles present a reasonably foreseeable risk of harm to motorists;
WHEREAS, in light of this foreseeable risk, the United States Postal Service’s Postal Operations Manual (“POM”) and the Federal Highway Administration have set forth pertinent safety standards that the County is duty bound to follow and enforce;
NOW THEREFORE, it is presently the intent of the County to accept, adopt and enforce the following mail receptacle safety requirements within the jurisdictional boundaries of the County as stated herein:
Section 1: Curbside Mailbox Safety Requirements:
The County requires that any and all curbside mail receptacles installed or replaced after the effective date of this policy comply with the following safety design requirements:
A wooden support no larger than 4 x 4 inches or a 2 inch diameter standard steel or aluminum pipe; and
Such post shall be buried no more than 24 inches deep to ensure that the post is able to give way in the event of a collision; and
There shall be no potentially dangerous materials used in erecting a receptacle, such as concrete, brick, stone or any other hard/inflexible substances.
Section 2: Exception to Aforesaid Mailbox Safety Requirement:
In keeping with the safety requirements of the POM and the Federal Highway Administration, an exception or variance from the curbside mailbox safety requirements stated in Section 1 above shall be granted upon an applicant’s having obtained written pre-approval from the Postmaster for a varying design and having tendered proof of the same to the McCracken County Judge/Executive’s Office.
Section 3: Reimbursement for Damage to Curbside Mailbox Receptacles:
It is the County’s policy to fully compensate and reimburse citizens for damage to their property that is caused by authorized agents of the County performing in the course and scope of their duties. In the event of damage to a curbside mailbox receptacle, regardless of its original design and construction materials, the County’s duty to compensate and reimburse the aggrieved party shall be limited to an amount equivalent to the cost of replacing a curbside mail receptacle that fully complies with the requirements set forth in Section 1 above.
(Ord. passed 11-27-2017)
WHEREAS, all policy related decisions of McCracken County, Kentucky (hereinafter “County”) are guided by its duty to safeguard and provide for the health, safety and welfare of the citizens;
WHEREAS, the County has a direct interest in the mutual infrastructural benefits to the County as well as the citizens of sound water control measures and desires to share duties with the citizens in the efforts of controlling water via proper installation of approved culverts;
NOW THEREFORE, it is presently the intent of the County to accept, adopt and enforce the following policy concerning culvert installation and replacement within the jurisdictional boundaries of the County as stated herein:
Section 1: New Construction Culvert Installation.
a. The property owner shall contact the McCracken County Road Department to obtain and complete a culvert installation/replacement application wherein all information pertinent to the culvert installation/replacement request shall be communicated.
b. The property owner shall obtain an entrance permit from the McCracken County Building and Electrical Department at no cost.
c. The property owner is responsible for marking the proposed location of the driveway/culvert so that the McCracken County Engineer can review the sight distance and proper sizing of the culvert may proceed.
d. Sizing will be conducted by the McCracken County Engineer utilizing acceptable engineering practices and taking into consideration the constraints of right of way, the extent of downstream grading required, finished floor elevation of proposed residential structures and existing structures and the overall lay of the land for the best end result.
e. The property owner is responsible for furnishing the culvert pipe based upon the specifications made by the McCracken County Engineer.
f. The McCracken County Road Department is responsible for the installation of the culvert as specified by the McCracken County Engineer. The McCracken County Road Department shall be responsible for the routine cleaning of the culvert channel. Any other maintenance shall be the responsibility of the property owner.
Section 2: Replacement of Culverts Installed Prior to Adoption of this Policy.
a. The property owner shall contact the McCracken County Road Department to obtain and complete a culvert installation/replacement application wherein all information pertinent to the culvert installation/replacement request shall be communicated.
b. The property owner shall obtain an entrance permit from the McCracken County Building and Electrical Department at no cost.
c. Evaluation of the necessity of replacement and the individual culvert sizing will be conducted by the McCracken County Engineer utilizing acceptable engineering practices and taking into consideration the constraints of right of way, the extent of downstream grading required, finished floor elevation of proposed residential structures and existing structures and the overall lay of the land for the best end result.
d. The property owner is responsible for furnishing the culvert pipe based upon the specifications made by the McCracken County Engineer.
e. If the McCracken County Engineer determines that the culvert requires replacement, the McCracken County Road Department is responsible for the removal of the existing culvert and the installation of the new culvert as specified by the McCracken County Engineer. The McCracken County Road Department’s installation responsibility expressly excludes the replacement of the final surface (i.e. asphalt, concrete, etc.). Final surface replacement is the responsibility of the property owner.
f. The McCracken County Road Department shall be responsible for the routine cleaning of the culvert channel. Any other maintenance shall be the responsibility of the property owner.
g. In the event the McCracken County Engineer determines that a specific culvert does not need to be replaced, the McCracken County Road Department shall have responsibility to do so. However, the property owner may move forward with replacement or resetting of the culvert himself or via licensed contractor at the sole expense of the property owner and pursuant to the specifications required by the McCracken County Engineer.
(Ord. passed 11-27-2017)
EFFECTIVE MARCH 01, 2000
Introduction & Purpose
A. The following standards shall govern, guide and control all engineering involved in planning, constructing, modifying or extending any: road or street located in McCracken County.
B. The owner, developer, or his agent, and/or contractor, shall keep himself fully informed of current state, county laws, ordinances, resolutions, or regulations which in any manner affect the development or work contemplated. Strict compliance with these standards is required, in order to insure the orderly expansion of roads to the highest practical standards with a maximum efficiency for the greatest public benefit.
Inspection, Compliance and Acceptance
Inspection
A. Any improvement constructed to County standards must be inspected during construction by a representative of the County Engineer.
B. The contractor shall request an inspection during construction by giving a 24-hour working day notice prior to constructing, modifying, or extending any road or street in McCracken County. Failure to notify may result in non-acceptance of improvement.
C. There shall be a fifty (50) dollar/per lot inspection fee. This fee shall be paid to the McCracken County Fiscal Court, prior to final inspection.
Compliance
A. All material and workmanship that is to become a permanent part of any improvement covered by these standards shall conform to the requirements for the particular material or workmanship as set forth in these standards. The contractors or developers shall supply any and all certificates of compliance, certified test results, or shall perform tests as required to assure the County that the material being incorporated into the work has met the requirement specified.
MINIMUM REQUIREMENTS
RIGHT-OF- WAY WIDTHS
A. MINOR STREETS - Curb and gutter construction, less than 500' in length and physically blocked from future extension: 40' wide
B. Standard Subdivision, residential streets: 50' wide
EARTHWORK
A. CLEARING AND GRUBBING - To prepare the site for road construction, the roadway area should be stripped of trees, topsoil, large roots, old unsuitable fill, organic or soft soil. Under no circumstances shall the debris from the cleaning operation be permitted for fill.
B. BACKFILLING EXCAVATED AREAS - Backfilling excavated areas shall be accomplished using clean materials of approvable quality determined by the County Engineer or his designee. Backfill areas shall be placed in one (1) foot lifts and each lift compacted to 95% maximum density. Compaction tests shall be conducted every 500' of backfilled roadway. The costs of all testing will be assumed by the County.
C. FILL - All fill below roadways shall be placed in six (6) inch lifts, and each lift compacted to 95% maximum density. Compaction tests shall be conducted every 500' of roadway fill area. The costs of all testing will be assumed by the County.
SUBGRADE
A. Subgrade materials shall be that of the backfill material. The material shall be free of large rock, wood, roots, and other unsuitable materials, and shall be of a quality acceptable to the County Engineer or his designee. The subgrade shall be sloped to drain and be evaluated by the County Engineer or his designee prior to placement of aggregate base.
BASE COURSE
A. All base course material shall be one of the below listed alternates:
1. Six (6) inch of bank gravel with a four (4) inch DGA cap.
Or
2. Eight (8) inches of DGA
B. The base course shall be placed in no greater than six (6) inch thick lifts. The lifts shall be compacted to 95% maximum density. Compaction test shall be conducted every 500 feet of roadway. The cost of all testing will be assumed by the County.
PAVING
A. Prior to any paving operations, the County Engineer or his designee shall inspect and proof roll the compacted base course. Paving operation shall not begin until approval to do so is obtained from the County Engineer or his designee.
B. THICKNESS OF PAVEMENT - No deviations may be permitted on the following minimum paving thicknesses.
1. Two (2) inches of compacted Class I Base with One (1) inch of Compacted Class I Surface.
All asphaltic concrete roads shall be cored every 200 feet or at least three (3) cores, and the core holes filled with concrete upon completion of test. The compacted asphalt must be a minimum of three (3) inches thick and have a compaction no less than 95% of laboratory maximum density. The cost of all testing will be assumed by the County.
Failure to comply with thickness and density shall result in non-acceptance by the County.
SHOULDERS
A. Shoulders shall be at least six (6) feet wide, grass surfaced and there shall be less than a two (2) inch drop-off from the pavement edge to the shoulder.
CURB AND GUTTER
A. Curb and gutter material shall be Portland Cement Concrete with a minimum structural strength of 3500 pounds per square inch and shall conform to Kentucky Transportation Cabinet Standard Specifications for road and bridge construction.
RESTORATION
A. Upon completion of road construction, the area from back of curb or pavement to the right of way line shall be graded to a smooth, attractive appearance and seeded, mulched or hydro seeded.
DRAINAGE
A. Drainage plans shall be submitted to the County Engineer or his designee. Drainage work shall not commence until approval is given by the County Engineer or his designee. A ten (10) year return period shall be used for design work.
OCCUPANCY OF LOTS
A. Prior to acceptance of any development’s roadways into the McCracken County Road System, at least 25% of the development’s lots shall have started construction of the lot’s principal structure, or at least one (1) year past final paving, whichever occurs first.
ROAD BONDING AND ACCEPTANCE
A. All roads to be dedicated must submit a road bond using the McCracken County Road Department Standard Bond Form. The amount of bond shall be set by the McCracken County Fiscal Court.
B. Prior to expiration of the above bond and prior to County acceptance, the County will inspect and require any and all damage to the roadway be repaired. Failure to repair roads will result in the County making a claim on the bond for roadway repair.
ACCEPTANCE
A. Prior to final acceptance by the County of any improvements constructed in compliance with these standards, the following requirements shall be completed.
a. The Contractor shall request a final inspection by the County Engineer or his designee by giving a 24-hour working day notice.
b. Any deficiencies noted during the final inspection shall be corrected.
c. The Consulting Engineer shall prepare a complete and accurate reproducible set of “As Built” plans, when so required by the County Engineer. These plans shall be signed by both the Consulting Engineer and the County Engineer. These “As Built” plans are to be filed in the office of the County Engineer as a permanent County record.
When all of the above requirements have been executed; the County Engineer, by letter will inform the developer that the improvements are ready for acceptance by the County as completed.
Signed by Judge/Executive Orazine February 28, 2000
McCracken County Judge/Executive Court Order Date
(Ord. passed 11-27-2017)
(On Plat)
CERTIFICATE OF OWNERSHIP AND DEDICATION
WATER AND SEWAGE SYSTEM
CERTIFICATION OF ACKNOWLEDGEMENT NOT APPROVED BY HEALTH DEPARTMENT PLEASE READ BELOW CERTIFICATE
(The above statement is required to be in bold type, underlined and at least 1/4" tall)
I/We hereby certify that I/we am/are the owner’s of the property shown and described hereon and that I hereby adopt this plan of subdivision with my free consent, establish the minimum building restriction lines, and dedicate all streets, alleys, walks, parks and other open spaces to public or private use as noted. I/we understand that the approval of this plat shall not be deemed to constitute an acceptance by the McCracken Fiscal Court that the lots in this subdivision are suitable for a private sewage disposal system. The owner or developer of any lot, or lots, must meet the minimum requirements and obtain the necessary approvals for the use of a private sewage disposal system from the Department of Housing, Buildings and Construction, Division of Plumbing, Commonwealth of Kentucky, or any successor governmental agencies.
I hereby certify that I have read and understand the foregoing notice.
Owner Date: Owner Date:
Owner Date: Owner Date:
State of Kentucky
SS
County of McCracken
I, , a notary public in and for the State & County aforesaid, do hereby certify that the foregoing plat of survey was this day presented to me by , known to me, together with the Certificate of Ownership and Dedication shown hereon, which was, executed in my presence and acknowledged to be their free act and deed.
Witness my hand and seal this day of ,
My Commission expires on the day of ,
Notary Public
(on plat)
CERTIFICATE OF ACCURACY
I hereby certify that the plan shown and described hereon is to the best of my knowledge and belief to be true and correct survey to the accuracy required by the McCracken County, Kentucky, Planning Commission and that the monuments have been placed as shown hereon, all in accordance with the minimum standards of practice as promulgated by the Kentucky Revised Statute and the Kentucky Administrative Regulations.
Date:
Professional Land Surveyor:
(on plat)
CERTIFICATE OF FINAL APPROVAL FOR RECORDING
I hereby certify that the subdivision plat shown here on was given final approval by the McCracken County Fiscal Court.
Date
Judge Executive or designee
(on plat)
CERTIFICATE OF FINAL APPROVAL FOR RECORDING
I hereby certify that the subdivision plat shown herein has been found to comply with the Subdivision Regulations for McCracken County, Kentucky, with the exception of such variances if any, as are noted in the minutes of the Planning Commission and that the subdivision plat was given final approval by the McCracken County Planning Commission.
Planning Commission meeting held
McCracken County Planning Commission Chair
(on plat)
CERTIFICATE OF FINAL APPROVAL FOR RECORDING
I hereby certify that the Corporate Surety, Cash or Equivalent has been posted and approved by McCracken County Fiscal Court; in the amount sufficient to assure such completion of all required improvements.
Date: , 20
Judge Executive or Designee McCracken County, Kentucky
(on plat)
CERTIFICATE OF RECORDING
“State of Kentucky, County of McCracken”
I, , Clerk for the county and state aforesaid do hereby certify that this plat was this day lodged in my office for record and that I have recorded same with this and the foregoing certificate in my office.
Given under my hand and seal this the day of , 20
By D.C. Clerk
Recorded in plat section page
(on plat)
I hereby certify that the subdivision plat shown hereon substantially complies with McCracken County regulations and policies as required.
Date Judge Executive or Designee
(Ord. passed 11-27-2017)