THIS AGREEMENT made the____ day of____________ 20____ Between _______________________ a corporation organized and existing under the laws of the State of New Jersey, having its principal office at ____________________ in the ______________ of ____________________ in the County of ________________ and State of New Jersey (hereinafter referred to as the DEVELOPER) and the TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, a municipal corporation of the State of New Jersey (hereinafter referred to as the TOWNSHIP).
WHEREAS, the DEVELOPER is the owner of a certain tract known as _______________________ which tract is shown upon a plat entitled ______________________ dated _______________ and prepared by ___________________ (which tract is hereinafter referred to as the SUBDIVISION TRACT);
WHEREAS, the Planning Board of the Township of Mendham granted preliminary subdivision approval to ________________ for the SUBDIVISION TRACT subject to certain terms and conditions, all as set forth in a Resolution adopted by said Board on _____________________, a copy of which is attached hereto and made a part hereof;
[WHEREAS, thereafter the DEVELOPER acquired the SUBDIVISION TRACT from ______________________];
WHEREAS, the Planning Board of the Township of Mendham granted final subdivision approval to the DEVELOPER for the SUBDIVISION TRACT subject to certain terms and conditions, all as set forth in a Resolution adopted by said Board on _______________________ a copy of which is attached hereto and made a part hereof; and
WHEREAS, it is appropriate that the DEVELOPER enter into an Agreement with the TOWNSHIP with respect to the obligations of the respective parties in connection with the development of the SUBDIVISION TRACT.
NOW, THEREFORE, in consideration of the granting of final subdivision approval and the mutual covenants and obligations hereinafter set forth the DEVELOPER and the TOWNSHIP hereby agree to and with each other as follows:
ARTICLE I. COMPLETION OF IMPROVEMENTS.
The DEVELOPER shall at its own cost and expense complete on or before _______________________ on-site and off-site subdivision improvements in accordance with the plans and specifications therefor approved by the TOWNSHIP Planning Board.
The DEVELOPER shall arrange for the installation on or before _________________________ of all underground utilities to be installed by public utility companies which will own and maintain such facilities after installation. Such underground utilities shall be installed in accordance with the plans therefor approved by the TOWNSHIP Planning Board. The DEVELOPER has paid to said public utility companies all charges which are required for such installation, including any refundable deposits, and evidence of such payment is attached hereto and made a part hereof.
ARTICLE II. PERFORMANCE GUARANTEE.
The DEVELOPER shall furnish to the TOWNSHIP a performance guarantee in the amount specified in the Resolution adopted by the TOWNSHIP Planning Board on ________________.
The performance guarantee shall contain provisions for a maintenance guarantee. The guarantee shall be in a form approved by the Township Attorney.
The amount of the performance guarantee may be reduced in accordance with the provisions of R.S. 40:55D-53 when portions of the subdivision improvements have been completed and approved.
ARTICLE III. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS.
Upon completion and approval, the TOWNSHIP shall accept all those subdivision improvements which shall be owned and maintained by the TOWNSHIP. Acceptance shall be in accordance with the provisions of R.S. 40:55D-53.
Upon acceptance of improvements, the DEVELOPER shall convey to the TOWNSHIP the road rights of way, on-site and off-site easements and all improvements thereon and therein. All conveyances shall be free and clear of all encumbrances and liens.
ARTICLE IV.
The DEVELOPER at its own cost and expense shall maintain all improvements required to be installed for the SUBDIVISION TRACT for a period of two (2) years from the date of acceptance by the TOWNSHIP, provided, however, that this requirement shall not apply to any underground utility installed by a public utility company which will be owned and maintained by such company after installation. Maintenance shall include the repair, reconstruction and replacement of any improvement or portion thereof which is necessitated by reason of faulty materials or workmanship, settlement or the effects of the forces of nature. Maintenance shall be deemed to be satisfactorily performed when inspected and approved by the Township Engineer of the TOWNSHIP.
ARTICLE V. MAINTENANCE GUARANTEE.
If upon the acceptance of improvements for the SUBDIVISION TRACT by the TOWNSHIP the DEVELOPER desires to have the performance guarantee released, the DEVELOPER shall furnish to the TOWNSHIP a guarantee for the maintenance of all improvements as provided in ARTICLE IV, which guarantee shall be in an amount equal to fifteen percent (I 5%) of the cost of the improvements required to be maintained as such cost is determined by the Township Engineer of the TOWNSHIP.
The maintenance guarantee shall be in a form approved by the Township Attorney.
ARTICLE VI. ACCESS TO LOTS.
The DEVELOPER shall, on and after the occupancy of any dwelling in the SUBDIVISION TRACT, provide and maintain adequate and suitable vehicular access to the said dwelling from the nearest municipal, county or state highway. Adequate and suitable access shall mean access by a curbed street having a subgrade and base course meeting TOWNSHIP road specifications, and the maintenance of such access shall include the plowing of snow and the sanding of the road surface when necessary. The responsibility of the DEVELOPER to maintain the aforesaid access shall continue until sixty (60) days after the road has been fully completed with the surface course and inspected and approved by the Township Engineer of the TOWNSHIP.
ARTICLE VII. COMPLIANCE WITH ORDINANCES, LAWS AND TERMS AND CONDITIONS OF SUBDIVISION APPROVAL, REMEDIES.
In the development of the SUBDIVISION TRACT, the DEVELOPER shall comply with all applicable State laws, rules and regulations and all TOWNSHIP ordinances.
The DEVELOPER hereby accepts all the terms and conditions of subdivision approval as set forth in the attached Resolutions of the TOWNSHIP Planning Board adopted on _____________________ and agrees to comply therewith.
It is understood and agreed by the TOWNSHIP and the DEVELOPER that if during the course of the development of the SUBDIVISION TRACT the DEVELOPER shall fail to comply with any applicable State law, rule or regulation or any TOWNSHIP ordinance or any term and condition of subdivision approval and such failure of compliance shall have any current adverse effect upon any person or property designed to be protected during the course of the development of the SUBDIVISION TRACT, then the TOWNSHIP may institute a suit against the DEVELOPER for injunctive and other relief to restrain further violations or compel compliance with applicable State laws, rules or regulations or TOWNSHIPI ordinance provisions or terms and conditions of subdivision approval and, if necessary or appropriate, to recover the reasonable costs of effectuating the same, and the TOWNSHIP shall not be required to await the date set for the completion of all improvements before instituting such a proceeding or obtaining relief against the DEVELOPER. Any performance bond furnished by the DEVELOPER shall recognize the right of the TOWNSHIP to proceed against the surety to obtain the aforementioned reasonable costs without waiting for the date set for the completion of all improvements.
The reference to certain remedies which may be elected by the TOWNSHIP is not intended to exclude any other remedy provided by law, all of which are intended to be available to the TOWNSHIP for the protection of the public interest.
IN WITNESSETH WHEREOF the parties hereto have hereunto set their hands an seals or caused these presents to be executed and attested by their proper corporate officers and their seals affixed hereto on the day and year first above written.
KNOW ALL MEN BY THESE PRESENTS that we, ______________________ a corporation organized and existing under the laws of the State of New Jersey, having its principal office at ______________ in the _____________ of ________________ in the County of ________________ and State of New Jersey, as Principal (hereinafter referred to as Principal), and ______________________ as Surety (hereinafter referred to as Surety), are held and firmly bound unto the
TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, a municipal corporation of the State of New Jersey, having its Township Hall at Cherry Lane, Brookside, New Jersey (hereinafter referred to as Township), for its exclusive benefit, as obligee, in the sum of ($______________ ) lawful money of the United States of America, for the payment of which sum the Principal and Surety hereby bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this ___________ day of ______________ 20______.
WHEREAS, _________________ submitted to the Planning Board of the Township an application to subdivide a certain tract of land in said Township known as ___________________.
WHEREAS, by Resolution adopted on ______________________, the Planning Board of the Township granted preliminary or tentative subdivision approval of such subdivision upon the terms and conditions set forth in said Resolution;
WHEREAS, the Principal has now made application to the Planning Board of the Township for final subdivision approval of [the entire subdivision tract] [Section _________ of the subdivision tract], in accordance with the following maps and drawings:
[List final subdivision plat and accompanying plans and profiles for all improvements]
WHEREAS, the following improvements are required to be installed by the Principal in accordance with the aforementioned plans and specifications for the development of the [entire subdivision tract) [Section __________ of the subdivision tract]:g
[List the categories of improvements required, such as excavation, curbing, pavement, etc.]
WHEREAS, the Land Subdivision Ordinance of the Township provides that final subdivision approval shall not be granted to an application for subdivision until the completion of all required improvements has been certified by the Township Engineer, unless there shall have been filed with the Township a performance guarantee sufficient in amount to cover the cost of all such improvements as estimated by the Township Engineer and assuring the installation of any uncompleted improvements on or before an agreed date and the maintenance of all improvements for a period of 2 years following their acceptance by the Township; and
WHEREAS, there are various ordinances, rules and regulations of the Township governing the physical development of land within the Township; and
WHEREAS, the Principal has entered into a Developers Agreement with the Township dated ________________ which, among other things provides for the furnishing of this performance bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if said Principal shall complete all of the improvements hereinabove mentioned on or before _________________ and if said Principal shall repair and maintain said improvements during a period of 2 years from the date said completed improvements have been accepted by the Township, and if said Principal shall comply with all of the terms and conditions of subdivision approval and all applicable State laws, rules and regulations and with all Township ordinances, permits and approvals respecting the subdivision and development of land, and if said Principal shall comply with all of the provisions of the aforesaid Developer's Agreement dated _______________ then this obligation shall be null and void, otherwise to remain in full force and effect, provided that In the event that any improvement or improvements required to be made by the Principal shall not be completed on or before ____________, or shall not be completed on or before such subsequent date as may be mutually agreed upon by said Township, the Principal and the Surety, then the Surety binds itself and agrees that upon notification by said Township of such. failure the Surety shall promptly pay to the Township the reasonable costs, not exceeding the face amount of this bond, of the completion of said improvement or improvements.
In the event that any improvement required to be maintained by the Principal shall not be maintained for a period of 2 years following the acceptance of such improvement by the Township, the Surety binds itself and agrees that upon notification by said Township of such failure the Surety shall promptly pay to the Township the reasonable costs, not exceeding 15% of the face amount of this bond, of the performance of such maintenance work.
In the event that during the course of the installation of improvements or thereafter the Principal shall fail to comply with any term or condition of final subdivision approval or shall fail to comply with any provision of the aforementioned Developer's Agreement dated _____________, then the Surety binds itself and agrees that upon notification of the Township of such failure the Surety shall pay to the Township the reasonable costs, not exceeding the face amount of this bond, of the performance of the aforesaid obligations of the Principal or any of them, and it is understood and agreed that the Township shall be entitled to receive such reasonable costs without waiting for the date set for the completion of the improvements whenever a failure of the Principal to comply with any term or condition of final subdivision approval or any provision of the aforementioned Developer's Agreement dated __________ has a current adverse effect upon any persons or property designed to be protected during the course of the installation of subdivision improvements by said terms and conditions or by the provisions of said Developer's Agreement.
This obligation shall remain in full force and effect until released by Resolution of the governing body of the Township, which release shall be given upon satisfactory completion and maintenance of said improvements in accordance with the terms set forth above.
The governing body of the Township shall, upon application of the Principal, reduce the amount of this obligation to 15% of the amount hereinabove stated upon the acceptance by the Township of all improvements for [the subdivision tract] [Section ________ of the subdivision tract].
In the event of any default on the part of the Principal which may become the basis of a demand upon or a claim against the Surety, the Township shall notify the Surety as soon as practicable after such default comes to the notice of the governing body of the Township, provided, however, that no claim shall be made after the expiration of 3 years from the date the improvements required have been accepted by the Township.
Inasmuch as it is the purpose of this obligation to assure the completion and maintenance of the aforesaid subdivision improvements, to assure compliance with all of the provisions of the aforesaid Developer's Agreement as well as compliance with all the terms and conditions of subdivision approval, applicable State laws, rules and regulations and Township ordinances, permits and approvals respecting the subdivision and development of land, all without expense to the Township, it is agreed that in the event that the Township institutes a suit against the Principal and/or Surety under this bond, then any judgment which the Township recovers against the Principal and/or Surety shall include amounts to reimburse the Township for the reasonable cost of attorneys fees in connection with said suit, for the reasonable cost of the services of the Township Engineer in connection with said suit and for the reasonable cost of any other experts necessarily engaged by the Township for purposes of said suit.
Township of Mendham
2.West Main Street
P.O. Box 520
Brookside, New Jersey 07926
Letter of Credit No. ____________________
Gentlemen:
We hereby establish an Irrevocable Letter of Credit in favor of the Township of Mendham, in the County of Morris for the account of ______________ in the amount of ___________________ ($ ____________ ).
This Irrevocable Letter of Credit is furnished in connection with the grant of final subdivision approval by the Township to a major subdivision known as ____________________________________
We hereby agree with you that drafts drawn under this credit will be duly honored upon presentation and a statement signed by the Township Administrator of the Township of Mendham, in the County of Morris that the amount or amounts so drawn are reasonably required to cover liability, loss, costs or expenses incurred or to be incurred by you as a result of the failure of to perform certain specified obligations under a Developer's Agreement dated ________________ , 20 ____., between ______________________ and the Township of Mendham, in the County of Morris. The signature of the present Township Administrator appears below.
This Irrevocable Letter of Credit shall expire on _____________ or upon its release by the governing body of the Township of Mendham, in the County of Morris. We agree to furnish to the Township of Mendham written notice 30 days prior to the expiration date of this Irrevocable Letter of Credit advising the Township of such projected expiration date. In the absence of such written prior 30-day notice being given, we agree that this Irrevocable Letter of Credit shall be deemed to continue in effect without regard to such expiration date unless or until we shall have given to the Township such 30-day prior written notice of such expiration or termination date.
By the acceptance of funds pursuant to the exercise of the rights given under this Irrevocable Letter of Credit, the Township of Mendham, in the County of Morris agrees that any monies received which are not required to cover liability, loss, costs or expenses caused by reason of the failure of ____________________ to perform certain specified obligations under the Developer's Agreement dated ______________________ shall be refunded to us.
Except as otherwise expressly stated, this Irrevocable Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (1974 Revision) International Chamber of Commerce Brochure 290. We hereby agree with the drawer and bona fide holders of the drafts drawn hereunder and in compliance with the terms of this Letter that such drafts will be duly honored upon presentation.
Very truly yours,
This is the signature of the present Township Administrator __________________________
KNOW ALL MEN BY THESE PRESENTS that we, _______________________________________, a corporation organized and existing under the laws of the State of ______________________ having its principal office at __________________, in the _______________ of __________________ County of and State of _________ , as principal (hereinafter referred to as Principal), and ___________________________ as Surety (hereinafter referred to as Surety), are held and firmly bound unto the TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, a municipal corporation of the State of New Jersey, having its Township Hall at Cherry Lane, Brookside, New Jersey 07926 (hereinafter referred to as Township) for its exclusive benefit, as Obligee, in the sum of _____________________ ($ _______________ ) lawful money of the
United States of America, for the payment of which sum the Principal and Surety hereby bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this _______________ day of _____________________ 20____.
WHEREAS, the Principal entered into a Developers Agreement with the Township dated ___________________ , 20______ under the provisions of which the Principal is obligated to construct, install and maintain certain improvements and/or facilities in accordance with the terms and conditions of [subdivision approval] [site plan approval] [subdivision and site plan approvals] granted by the Planning Board of the Township;
WHEREAS, after inspection the governing body of the Township has notified the principal that the improvements and/or facilities hereinafter enumerated have been constructed and installed in a manner satisfactory to the Township;
WHEREAS, the governing body of the Township has authorized the release of performance guarantees furnished by -the Principal to the Township with respect to the improvements and/or facilities hereinafter enumerated upon the condition that the Principal shall furnish to the Township a maintenance guarantee with respect to such improvements and/or facilities as required by the Developer's Agreement.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall maintain for a period of two (2) years from ______________ the following improvements and/or facilities constructed and installed by the Principal, namely, ______________________________________________________________________________ _________________________________________________________________ then this obligation shall be null and void, otherwise to remain in full force and effect.
Maintenance shall mean and include the repair, reconstruction, restoration or replacement of any improvement or facility hereinabove enumerated in order to correct any defect which appears during the aforesaid two-year period regardless of whether the defects arise by reason of faulty materials, poor workmanship or from settlement or the causes of nature._
In the event that any improvement or facility which is the subject of this maintenance bond shall not be maintained by the Principal for the aforesaid two-year period, then the Surety binds itself and agrees that upon notification by the Township of such failure the Surety shall promptly pay to the Township the reasonable costs, not exceeding the face amount of this maintenance bond, of the performance of such maintenance work. It is understood and agreed that the Township shall be entitled to receive such reasonable costs without waiting for the termination of the aforesaid two-year period.
This obligation shall remain in full force and effect until released by Resolution of the governing body of the Township, which release shall be given upon satisfactory maintenance of the improvements and/or facilities hereinabove enumerated during the aforesaid two-year period.
In the event of any default on the part of the Principal which may become the basis of a demand upon or a claim against the Surety, the Township shall notify the Surety as soon as practicable after such default comes to the notice of the governing body of the Township, provided, however, that no claim shall be made after the expiration of one (1) year from the termination of the aforesaid two-year maintenance period.
Inasmuch as it is the purpose of this obligation to assure the maintenance of the aforesaid improvements and/or facilities during the aforesaid two-year period without expense to the Township, it is agreed that in the event that the Township institutes a suit against the Principal and/or Surety under this bond, then any judgment which the Township recovers against the Principal and/or Surety shall include amounts to reimburse the Township for the reasonable cost of attorneys fees in connection with said suit, for the reasonable cost of the services of the Township Engineer in connection with said suit and for the reasonable cost of any other experts necessarily engaged by the Township for purposes of said suit.
The CONSERVATION EASEMENT hereby granted and conveyed to the Grantee is subject to the following terms and conditions:
1. No live trees, shrubs, plants or other vegetation now or hereafter existing within the easement area shall be destroyed or removed other than in the course of removing invasive species, to maintain the health of the conservation area, except with written approval of the Grantee acting through its governing body or such other body or official as the governing body may designate.
2. No topsoil, sand, gravel, loam, rock or other material shall be excavated, dredged or removed from the easement area except with written approval of the Grantee acting through its governing body or such other body or official as the governing body may designate.
3. No buildings, structures, fences or other improvements shall be erected or placed within the easement area and no roads, drives or trails for motorized vehicles shall be constructed or maintained within the easement area. The term "motorized vehicles" as used herein shall include but not be limited to automobiles, trucks, snowmobiles, ATVs, motorcycles, motor bikes, mopeds, go-carts and dune buggies.
4. No dumping or placing of soil or other substances or materials and no dumping or placing of trash, waste or unsightly or offensive material for disposal or otherwise shall be permitted within the easement area.
5. No solid or liquid materials which might pollute or otherwise adversely affect the flow or quality of the water in any watercourse within or near the easement area shall be kept or stored within the easement area or placed in or discharged into any watercourse traversing or protected by the easement area.
6. No activities shall be permitted within the easement area which might be detrimental to drainage, flood control, springs, water conservation, water quantity or quality protection, erosion control, soil conservation or vegetation or scenic protection, and no other act or uses detrimental to the preservation of the easement area shall be permitted by any person.
7. The Grantee, by its officials, employees and agents shall have the right, but not the duty, to enter upon the easement area for purposes of inspection, protection and maintenance, but this right does not evidence nor create any agreement or obligation upon the Grantee to inspect, protect or maintain the easement area. The use by the Grantee of equipment for maintenance purposes shall not constitute a violation of the terms and conditions of this easement grant, and no act of the Grantee for inspection, protection or maintenance shall give rise to any obligation on the part of the Grantee for further or other inspection, protection or maintenance. In the event, however, that the lands of Grantor are damaged or disturbed by the Grantee, its officials, employees or agents in connection with the exercise of rights granted hereunder, the Grantee shall, within a reasonable time, restore said lands to substantially the same condition as existed prior to said damage or disturbance.
8. Although the conservation easement hereby granted and conveyed to the Grantee is created for the benefit of the general public by the protection of water and land resources and natural beauty, nothing herein contained shall be construed to convey to the public any right of access to or use of the easement area, and the Grantor shall, subject to the general and specific terms and conditions of this indenture, retain the exclusive right of use of the easement area. This indenture imposes no obligation on Grantor and no restriction on the use of the easement area except as specifically set forth herein, and nothing contained herein shall be construed as interfering with the right of Grantor and Grantor's successors and assigns to utilize the easement area in such manner as they may deem desirable, subject to the provisions of this indenture.
