State of Indiana: County of Ripley: This AGREEMENT, made and entered into this day of , 20 , by and between (name of subdivider) , hereinafter designated as OWNER, and the Town of , Indiana, herein represented by the Town Council (if the plat of the subdivision is located in a town), or the County of Ripley, Indiana, herein represented by the Board of County Commissioners (if the plat of the subdivision is located in the unincorporated territory). |
WITNESSETH: WHEREAS, the Owner owns and designs to develop lots through , (Subdivision) located in , Indiana; and, WHEREAS, the Plat of lot s through , inclusive, (Subdivision) , will be given secondary approval by the Ripley County Area Plan Commission Staff upon the 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 Town of , Indiana, (if the plat of the subdivision is located in a Town), or Ripley County, Indiana, (if the plat of the subdivision is located in unincorporated territory), 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 within months from date prepared by Land Surveyor, which plans meets the requirements of the Code of Ordinances of the Town of , Indiana, or Ripley County, Indiana (as the case may be) 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 $ , which bond is attached hereto and made a part hereof, to guarantee the installation and construction of the following improvements: (Describe Improvements same 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 the Town of , (or Ripley County) shall have and is hereby granted the right, without putting the said Owner in default, to ispo facto call upon the said surety to complete the improvements hereinabove described, and in default of the surety promptly causing such improvements to be constructed according to the plans and specifications therefore, the Town of (or Ripley 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) by Town of , Indiana, herein represented by the Town Council (if the plat of the subdivision is located in a town), or the County of Ripley, Indiana, herein represented by the Board of County Commissioners (if the plat of the subdivision is located in the unincorporated territory). BY: ATTEST: Clerk-Treasurer of the Town of , Indiana (or Auditor of Ripley County)(as the case may be). |
(Ord. passed 6-5-1991)