Municipality of Bethel Park, PA Article X Subdivision Development Improvement Agreement

60.35 Agreement.

60.35.1. The developer shall execute the following form before linen is released for recording:

THIS AGREEMENT, made this _____ day of ____________________, 19___, (hereinafter "Owner"), AND MUNICIPALITY OF BETHEL PARK, a Home Rule municipality in the County of Allegheny and Commonwealth of Pennsylvania (hereinafter "Municipality").

WITNESSETH THAT:

WHEREAS, Owner owns all of the property described in Exhibit "A" attached hereto and made a part hereof, said property being the (insert Plan Name) ____________________ (hereinafter "Plan"); and

WHEREAS, Owner desires, to begin development of Phase _____ of Plan, said phase defined (insert drawing identification) ____________________ and construction schedule set forth on; and

WHEREAS, Owner desires, upon approval of the Plan, to construct and to dedicate to public use (hereinafter collectively referred to as "Improvements") shown on Plan and more fully described in the (insert construction plan identification) ____________________ prepared by consisting of ____________________ incorporated herein by reference (before and hereinafter "Drawings") and to have such Improvements accepted by the Municipality as a part of the public improvements of the Municipality; and

WHEREAS, the Owner desires upon approval of the Plan to construct certain private facilities, including without limitation (insert list of improvements) ____________________ (hereinafter "Private Facilities"); and

WHEREAS, Owner and Municipality agree as to scope of work and all development conditions concerning Phase _____ of Plan;

NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:

FIRST: The recitals set forth above are incorporated herein as if fully set forth below.

SECOND: That Owner shall, within six months after the execution of this Agreement, enter into a contract with a contractor(s) for the Facilities, to be completed within six months thereafter, or perform the work itself in accordance with Drawings and in regard to Improvements in accordance with plans and specifications adopted by the Council of the Municipality, and to complete same within one year after the execution of such agreement, except for those improvements specifically deferred pursuant to the terms of Section Tenth below.

THIRD: The entire cost of Improvements and Private Facilities, as hereinabove set forth, shall be paid to the contractor or contractors by Owner promptly upon completion of said work; and Owner shall also pay the cost of supervision and inspection by the Municipal Engineer in charge thereof.

FOURTH: The Owner covenants and agrees to indemnify and save harmless the Municipality from any liability whatsoever that shall accrue to any person or corporation by reason of negligence or intentional conduct in the performance of the work herein referred to, or for any reason whatsoever arising from the performance by Owner of the provisions of this Agreement.

FIFTH: The Municipality, upon completion of all of the following: (i) completion of the work hereinabove described, (ii) receipt of a certificate from the Municipal Engineer that the said work has been done, (iii) receipt of "as-built" drawings, and (iv) official action of Council by ordinance, shall accept the dedication of Improvements as a part of the (insert system names) system of the Municipality.

SIXTH: When the Municipality or its duly authorized representatives approve the Plan as submitted for recording purposes, a reference on the Plan will be made to this Agreement, the quotation to be in substance as follows: "Approved for recording only, subject to all provisions of a contract relating to the installation of Improvements, executed by and between the Owner and the Municipality of Bethel Park, a copy of which is on file in the Municipality Office."

SEVENTH: The Owner shall, simultaneously with the execution of this Agreement, provide to the Municipality security acceptable to the Municipality in the amount of (insert bond amount), or in an amount equal to 110% of the cost of the required Improvements and Private Facilities as established by a bona fide bid or bids from the contractor or contractors chosen by Owner to complete the Improvements, such security to be presented at the Municipal Office to guarantee the installation of the Improvements which will serve this subdivision plan. If the Owner requires more than one year from the date of posting of the financial security to complete the required Improvements, the amount of financial security shall be increased, upon written demand by Municipality, by an additional 10% for each one-year period beyond the first anniversary date from posting of the financial security, or to an amount not exceeding 110% of the cost of completing the required Improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure. The failure of the Municipality to require increased financial security in any one-year period shall not be deemed to waive the Municipality's right to require additional financial security in later years.

EIGHTH: The Owner has prepared plans for a retention system to hold no less than (insert capacity) cubic feet of stormwater runoff, said plans to be submitted to Municipal Engineer for approval. Retention basin shall be constructed as part of the ____________________ in Phase _____.

NINTH: Owner shall prepare a (insert type of association), (hereinafter "Declaration"), subject to approval by Municipal Solicitor, to own and maintain Private Facilities and shall immediately record same in the Allegheny County Recorder's Office. Owner agrees that no release of security set forth in Seventh Section above shall be due or made by Municipality until Solicitor's approval has been obtained.

TENTH: The Owner may defer the installation of the following improvements under the terms set forth below:

(Improvement name and conditions

ELEVENTH: The Owner shall cause to have all public utilities either installed or relocated as may be appropriate to the development of this subdivision, and shall do so at no cost to the Municipality.

TWELFTH: The Owner shall deposit with the Municipality the following sums:

1) ($_____) in payment of the required inspection fees; 2) ($_____) for issuance of a Development Permit; 3) ($_____) to guarantee installation of (#) survey monuments.

THIRTEENTH: The Owner shall furnish four sets of both Drawings and Improvement and Private Facilities plans to the Municipal Engineer prior to the commencement of construction and one copy, plus one Mylar reproducible copy and a digital file of the Plan as recorded. The digital file is to be in a format that is acceptable to the Municipality. The Mylar and digital file shall be presented to the Municipal Engineer's office within 10 days following the recordation of the plan, accompanied by a check in the amount of $10 payable to the order of the Municipality in payment for the reproduction and distribution of the required copies. [Amended 12-11-2006 by Ord. No. 12-11-206B]

FOURTEENTH: Owner, prior to acceptance and as a condition to acceptance, shall provide to Municipality a maintenance bond or other financial security acceptable to Municipality equal to 15% of the total cost of those Improvements to be accepted by Municipality. Said maintenance bond shall secure the structural integrity and the functioning of said Improvements for 18 months from the date of acceptance thereof by Municipality. In addition, at the same time, Owner shall post financial security of _____ Dollars ($_____) to guarantee the installation of the following improvements deferred pursuant to Section Tenth above: list improvements

FIFTEENTH: Without limitation on the duration of the financial security provided in the Seventh Section above, should Owner apply for and receive a Temporary Occupancy Permit pursuant to the provisions of Ordinance 12-19-66A, the term of the financial security shall expire no sooner than one year after the date of issuance of the Temporary Occupancy Permit. In the case of Temporary Occupancy Permits issued on a lot by lot basis, the term established pursuant to this Fifteenth Section shall run from the last lot to be developed or the last Temporary Occupancy Permit applied for, whichever is later.

SIXTEENTH: Owner agrees to pay Municipality within 10 days of receipt of notice of amount thereof the following sums:

(1) All costs, if any, for the installation or relocation of streetlight poles, lines, fixtures within the property described in Exhibit "A".

(2) All costs incurred by Municipality in the furnishing of material and the installation of street identification and traffic control signs required by development occurring in the Plan, whether these signs, signals, etc. are within the property described in Phase _____ in Exhibit "A" or are adjacent to it.

SEVENTEENTH: This Agreement shall inure to the benefit of and shall be binding upon the heirs, successors and assigns of the parties hereto.

EIGHTEENTH: This Agreement covers only Phase _____ of Plan and nothing herein shall limit Municipality's rights to establish the terms and conditions of future Subdivision Development Improvement Agreements covering additional phases.

NINETEENTH: Time is of the essence as to all dates and time periods for performance and payment of funds called for in this Agreement

TWENTIETH: Owner acknowledges that the _____ water shed may be subject to a sewer moratorium or ban and that nothing whatsoever in this Agreement shall be deemed a commitment, promise, allocation or approval of sewer connection permits for lots within Plan. Owner agrees to release and to indemnify and hold Municipality harmless from all claims, actions, causes of action, costs and expenses, including attorney's fees, arising from the grant or refusal to grant sewer connection permits for lots within the water shed.

TWENTY-FIRST: Owner acknowledges that the Municipal Code prohibits garbage pickup and snow removal by the Municipality on any street in this Plan until such street has been accepted by ordinance of the Municipality. Owner agrees to inform any purchaser of a lot within this Plan of these restrictions prior to any sale to such purchaser.

THIS AGREEMENT is made by virtue of a Resolution of Council of the Municipality of Bethel Park, passed at its meeting held on the ______ day of ____________________, 19___.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective appropriate officers and their corporate seals affixed, the day and year first above written.

WITNESS:
ATTEST:	MUNICIPALITY OF BETHEL PARK
Secretary	By President of Council

60.35.2. Owners, for and in consideration of the grant of this subdivision plan as well as for diverse other considerations affecting the public welfare which they seek to advance and intending to be legally bound hereby, have granted and conveyed, and by these presents do grant and convey unto the Municipality of Bethel Park, its successors and assigns: