This AGREEMENT, made and entered into this
day of 20 , by and between (Name of herein subdivider), after designed as OWNER, and the County of Ohio, herein represented by the Board of County Commissioners. WITNESSETH: WHEREAS, the owner owns and designs to develop lots through , located in Ohio County, Indiana; and WHEREAS, the Plat of lots through , , inclusive, Subdivision, will be given secondary approval by the Ohio County Advisory Plan Commission staff upon Owner posting a surety bond insuring the satisfactory installation and construction of the following improvements: (Describe improvements) as shown on the Plat prepared by , land surveyor, attached hereto and made a part hereof, according to the terms and conditions of this Agreement; and WHEREAS, the Owner now desires secondary approval of the Plat of Subdivision prior to the installation and construction of the above described improvements, which improvements will be installed and constructed at Owner’s sole cost and expense: NOW, THEREFORE; it is hereby agreed by and between the Owner and the Ohio County that for and in consideration of the approval of lots through inclusive of Subdivision, and the sale of lots therein without the above described improvements more particularly shown on the attached plan profile, having been first completed and approved, Owner binds and obligates himself or herself with months from date prepared by land surveyor, which plans meet the requirements of the code of ordinances of Ohio County, Indiana, as amended, and have been approved by a registered professional engineer or a registered land surveyor (as the case may be), said plans being attached hereto and made a part hereof. The Owner, in order to further ensure faithful performance of said obligation, has executed a (surety bond, cashier’s check or certified) check in the amount of (check) $ which bond is attached hereto and made a part hereof, to guarantee the installation and construction of the following improvements (Describe Improvements as above) according to plans and specifications therefore. Said bond or check may be cancelled only after said work has been completed, inspected and approved by written acceptance of the said Engineer or land surveyor. The above-described improvement shall be constructed under the provision of (Engineer or surveyor) in full compliance with the specifications and requirements of Ohio County, and when completed said Engineer or surveyor shall furnish the county with a certificate of satisfactory completion. It is further understood by and between the parties to this agreement that in the event said improvements are not constructed within months from the date hereof, Ohio County shall have and is hereby granted the right, without putting the said owner in default, to ipso factor call upon the said surety to complete the improvements hereinabove described, and in default of the surety promptly causing such improvements to specifications therefore, Ohio County shall have the right to cause the improvements to be made and to call upon said surety for payment of all costs and expenses incurred in the construction thereof. IN WITNESS WHEREOF, these presents have been signed in the presence of the undersigned competent witnesses, at on this day of , 20 . WITNESS: (NAME OF SUBDIVIDER OR DEVELOPMENT COMPANY) ATTEST: By: (Auditor of Ohio County) (Date) |
(Ord. 8-7-12-4, passed 12-4-1987; Ord. passed 12- -1999)