(A) Certificate of approval of the design and installation of improvements.
(B) Certificate of ownership, dedication, and maintenance:
(1) Subdivider - not incorporated; and
(2) Subdivider - incorporated.
(C) Improvements guarantee agreement.
(D) Performance bond.
(E) Irrevocable letter of credit.
(F) Certificate of approval of water supply and sewage disposal systems.
CERTIFICATE OF APPROVAL OF THE DESIGN AND INSTALLATION OF IMPROVEMENTS
I hereby certify that all of the required improvements listed in this certification have been installed in an acceptable manner and according to village specifications and standards in the subdivision, or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Village Council has been received, and that the filing fee for this plat in the amount of $ has been paid.
List of completed improvements (or guaranteed improvements):
List of any known defects:
Date Subdivision Administrator
Village of Sugar Mountain
CERTIFICATE OF OWNERSHIP, DEDICATION AND MAINTENANCE
(Subdivider - Not Incorporated)
I hereby certify that I am the owner of the property shown and described hereon which is located in the subdivision jurisdiction of the Village of Sugar Mountain and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer and water lines to the Carolina Water Service Company. I hereby certify further that I (assume full responsibility for) (have made arrangements suitable to the Village Council for) the maintenance of said improvements which (assumption of responsibility) (arrangements) shall remain in effect until such time as said improvements are accepted for maintenance by the appropriate public or private body, or shall be designated for perpetual ownership and maintenance if dedicated for private use.
Date Subdivider
STATE OF NORTH CAROLINA COUNTY OF
I, , Notary Public of said state and county certify that personally came before me this day and acknowledge the due execution of the foregoing instrument.
Witness my hand and notarial seal, this the day of 20 .
Notary Public
My Commission Expires:
CERTIFICATE OF OWNERSHIP, DEDICATION AND MAINTENANCE
(Subdivider - Incorporated)
The undersigned certifies that he is an officer, to wit: The (Title of Officer) of (Name of Corporation), a corporation, and that he has been authorized to execute this Certificate pursuant to authority granted by resolution of the Board of Directors of (Name of Corporation), copy of which resolution is attached hereto.
(Name of Corporation), through the undersigned hereby certifies that all property and improvements
described on the final plat for Subdivision are owned by ( ) and are free of any encumbrances or liens except as follows:
List any encumbrance or lien
, through the undersigned, freely dedicates all required rights-of-way, easements, streets utilities, open space, and other improvements to public or private use as noted on said final plat and freely establishes minimum building setback lines as required by the Sugar Mountain Subdivision Ordinance.
, further (assumes full responsibility for) (has made arrangements suitable to the Village Council for) the maintenance of said improvements which (assumption of responsibility) (arrangements) shall remain in effect until such time as said improvements are accepted for maintenance by an appropriate public or private body, or shall be designated for perpetual ownership and maintenance if dedicated for private use.
(Name of Corporation)
By:
Attest:
(Secretary)
(Date)
IMPROVEMENTS GUARANTEE AGREEMENT
STATE OF NORTH CAROLINA
VILLAGE OF SUGAR MOUNTAIN
THIS AGREEMENT WAS MADE AND ENTERED INTO this the day of , 20 , by and between (Subdivider) hereinafter known as “the Subdivider,” and the Village Council of Sugar Mountain, hereinafter known as “the Council.”
WITNESSETH:
WHEREAS, the Subdivider is attempting to secure from the Council approval of a final plat of a proposed subdivision to be known as the Subdivision to be located within the jurisdiction of the Village of Sugar Mountain, North Carolina; and
WHEREAS, a village ordinance entitled Subdivision Ordinance of the Village of Sugar Mountain, North Carolina, as adopted by the Village Council on the day of , 20 , (and as subsequently amended), requires the completion of certain improvements prior to final plat approval by the Council; and
WHEREAS, said Ordinance allows the Council, at its discretion, to permit the Subdivider to (post a surety bond) (deposit cash or other instrument readily convertible into cash at face value) with the village through the Council to guarantee the completion of said required improvements; and
WHEREAS, the Council desires to approve said final plat and, in lieu of requiring completion of all improvements prior to said approval, will accept from the Subdivider the filling of a (surety performance bond with company as surety) (letter of credit from the bank) (other) to guarantee and secure completion of said improvements.
IT IS, THEREFORE, AGREED AS FOLLOWS:
1) The Subdivider will, on or before the day of , 20 , complete as required the following improvements in the Subdivision.
(Detail all improvements to be completed in this space)
2) The Subdivider shall file with the Village of Sugar Mountain through the Council a (enter here the type of document to be filed) is filed and other requirements of said Ordinance are met, the Council will approve the final plat of the Subdivision.
STATE OF NORTH CAROLINA
COUNTY OF
I, , Notary Public of the said state and county certify that personally came before me this day and acknowledge that (s)he is
Secretary of , a corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by self as its Secretary.
Witness my hand and notarial seal, this the day of 20 .
Notary Public
My Commission Expires:
The Village Council of Sugar Mountain has, by appropriate Council action, caused this agreement to be executed by the Mayor or other authorized member and attested by the Village Clerk, and the (Name of Company) has, by appropriate action of its board of directors, caused this Agreement to be executed by its and attested by its Secretary under corporate seal, this the day of , 20 .
Village Council of Sugar Mountain
By:
Attest:
Village Clerk
(Name of Corporation)
By:
Attest:
Secretary
STATE OF NORTH CAROLINA
COUNTY OF
I, , Notary Public for said state and county certify that personally came before me this day and acknowledged that (s)he is Secretary of , a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by self as its Secretary.
Witness my hand and notarial seal, this the day of , 20 .
Notary Public
My Commission Expires:
(This Agreement may be appropriately modified for execution by a subdivider who is not incorporated.)
PERFORMANCE BOND
STATE OF NORTH CAROLINA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS that we, (the name of the subdivider), as Principal, and (the name of the bonding company), as Surety, are held and firmly bound unto the Village of Sugar Mountain, a political subdivision of the State of North Carolina, and a body political and corporate, in the sum of $ , lawful money of the United States of America, for the payment of which, well and truly to be made, we and each of us, bind ourselves and each of us, our successors and assigns, jointly and severally, by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT;
WHEREAS, the Principal has submitted a final plat of the subdivision known as the Subdivision, located in the jurisdiction of the Village of Sugar Mountain, North Carolina, for approval by the Village Council of Sugar Mountain, which approval is a condition precedent to the right of said Principal to have said final plat registered in the Office of the Register of Deeds for Avery County; and
WHEREAS, the Village Council of Sugar Mountain is unable, pursuant to village ordinance, to approve said plat of said subdivision for registration until all required improvements are completed or until a guarantee of completion of said required improvements is filed with the Village of Sugar Mountain through said Village Council; and
WHEREAS, the Village Council of Sugar Mountain and the Principal have this date entered into
an Agreement by which said Council will approve the Principal’s final plat for the Subdivision prior to the completion of required improvements, and the Principal has agreed to file a Surety Bond in the amount of $ securing to the Village of Sugar Mountain through said Council, the actual completion of said required improvements on or before the day of , 20 , which Agreement is attached hereto as Exhibit A and made a part thereof; and
WHEREAS, the improvements required and agreed to be completed are set forth in said Exhibit A.
NOW, THEREFORE, if the Principal shall fully comply with all the terms hereof, including the requirements of that Agreement attached hereto as Exhibit A and by which the Principal agrees to complete certain improvements on or before the day of , 20 , then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
IN WITNESS WHERE, the said Principal and Surety have hereunto set their hands and seals this the day of , 20 .
Principal
By: (SEAL)
President
Attest:
Surety
(SEAL)
Attorney-in-Fact
(Power of Attorney attached)
IRREVOCABLE LETTER OF CREDIT
STATE OF NORTH CAROLINA IRREVOCABLE LETTER OF CREDIT
COUNTY OF No.
(Name of Bank)
Address: (including branch, if any)
Date:
TO: VILLAGE OF SUGAR MOUNTAIN
c/o VILLAGE COUNCIL
237 DICK TRUNDY LANE
SUGAR MOUNTAIN, NC 28604
c/o VILLAGE COUNCIL
237 DICK TRUNDY LANE
SUGAR MOUNTAIN, NC 28604
Village Council:
We hereby open our irrevocable credit in your favor available by your drafts at sight on us for a
sum not exceeding $ for the account of hereinafter known as “Customer.” When presented for negotiation, drafts must be accompanied by the signed statement of the Mayor of the Village of Sugar Mountain that drawing is due to default or failure to perform by Customer, the following improvements in the Subdivision the following improvements in the Subdivision on or before the day of , 20 .
(List required improvements here)
The term of this irrevocable credit is either through and including the day of , 20 , or upon written notice from the Mayor of the Village of Sugar Mountain that the required improvements have been timely completed, whichever is earlier.
Acting through the Mayor of the Village of Sugar Mountain, you will notify us when either of the following occurs:
1) The required improvements have been timely completed and the credit may be released; or
2) The Customer has failed to perform or is in default thereunder.
All drafts drawn hereunder must be marked as follows:
The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reverse side hereof, and the presentment of any such draft shall be a warranty by this negotiation bank that such endorsement has been made.
This Letter of Credit shall be transferable and/or assignable.
This Letter of Credit, except as otherwise expressly provided herein, is governed by Uniform Commercial Code in force in the State of North Carolina on the date hereof.
Very truly yours,
(Name of Bank)
By:
Authorized Signature
CERTIFICATE OF APPROVAL OF WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
I hereby certify that the water supply and sewage disposal systems (installed) (proposed for installation) and specified on the preliminary plat for Subdivision meet all pertinent state and local requirements and are hereby approved.
(To be signed by the appropriate state or local official(s) as prescribed in Section 406 of the Sugar Mountain Subdivision Ordinance)
(Agency)
Date
(Prior Code, Ch. 12 Appendix C)