Legal Site Plan

LEGAL SITE PLAN

This Legal Site Plan Agreement (the "Agreement") is made as of , by and between Owner Name: (the "Owner") and Approving Authority Name: (the "Approving Authority").

RECITALS

WHEREAS, Owner is the record owner of the real property commonly known as , identified by Parcel Number: (the "Property");

WHEREAS, Owner has prepared or caused to be prepared a Site Plan entitled , dated , and shown on Exhibit A attached hereto;

WHEREAS, the Approving Authority has conditionally approved the Site Plan subject to the terms and conditions set forth in this Agreement and applicable ordinances, regulations and technical standards.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Site Plan" means the drawing set and supporting documentation described in Exhibit A and any revisions approved in accordance with this Agreement.

1.2 "Improvements" means all grading, paving, landscaping, stormwater management facilities, utilities and other site improvements required by the Site Plan or by applicable law.

2. SUBMISSION, APPROVAL AND INCORPORATION

2.1 Submission. Owner shall submit final reproducible Site Plan drawings and supporting documents to the Approving Authority in the form and number required by regulation. The Site Plan as approved is incorporated herein by reference and shall govern development of the Property.

2.2 Conditions of Approval. Owner shall comply with the specific conditions set forth by the Approving Authority on the approval certificate attached as Exhibit C. Failure to satisfy conditions shall permit the Approving Authority to withhold final acceptance or certification of the Site Plan until conditions are satisfied.

3. REPRESENTATIONS AND WARRANTIES

3.1 Title and Authority. Owner represents and warrants that it is the record owner of the Property and has the full right and authority to enter into this Agreement and to perform its obligations hereunder. Owner shall promptly disclose any mortgage, lien or encumbrance affecting the Property and shall ensure such encumbrances do not impair the ability to complete the Improvements.

3.2 Accuracy of Plans. Owner represents that the Site Plan and all supporting documents submitted for approval are accurate and prepared by licensed professionals where required. Owner shall correct any errors or omissions identified by the Approving Authority at Owner's expense.

4. EASEMENTS, RESTRICTIONS AND TITLE

4.1 Owner shall grant or confirm by recordable instrument any easements necessary for access, utilities, stormwater conveyance, or other purposes shown on the approved Site Plan. Such easements shall be in form reasonably acceptable to the Approving Authority and recorded promptly as set forth in Section 9.

4.2 Restrictive Covenants. If restrictive covenants are required as a condition of approval, Owner shall execute and record such covenants in a form acceptable to the Approving Authority prior to final certification.

5. CONSTRUCTION, SCHEDULE AND INSPECTIONS

5.1 Commencement and Completion. Owner shall commence construction of the Improvements by no later than , and shall achieve final completion by no later than , , subject to excusable delays.

5.2 Inspections. Owner shall notify the Approving Authority at least forty-eight (48) hours prior to required inspections. The Approving Authority retains the right to inspect the Improvements for compliance with the approved Site Plan and applicable standards. Costs of re-inspections caused by noncompliance shall be borne by Owner.

6. SURVEYOR AND ENGINEER CERTIFICATION

6.1 Certification. The Site Plan shall bear a certification signed by a licensed surveyor or professional engineer certifying that the plan accurately depicts existing and proposed conditions, topography, boundary lines and that improvements are located in compliance with applicable setback, easement and alignment requirements.

7. MAINTENANCE AND PERFORMANCE SECURITY

7.1 Maintenance Obligations. Owner shall maintain the Improvements in good repair and in accordance with the approved Site Plan and all applicable standards. Owner shall be responsible for maintenance unless and until the Approving Authority accepts the facilities for public maintenance by formal action.

7.2 Performance Security. As a condition of approval, Owner shall provide security in the form and amount satisfactory to the Approving Authority to guarantee faithful performance of construction obligations and to secure correction of deficiencies identified during inspections.

8. INSURANCE AND INDEMNIFICATION

8.1 Insurance. Owner shall maintain, at Owner's expense, liability and builder's risk insurance in amounts and with carriers reasonably acceptable to the Approving Authority during construction and until final acceptance.

8.2 Indemnity. Owner shall indemnify, defend and hold harmless the Approving Authority and its officers, agents and employees from and against all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of or resulting from the acts or omissions of Owner or its contractors in connection with the performance of this Agreement.

9. RECORDATION

9.1 Recordation Requirement. Owner shall record this Agreement, and any easements or covenants required by the Approving Authority, in the official land records of the applicable jurisdiction within days following final approval, and shall furnish a recorded copy to the Approving Authority.

10. NOTICES

Notices shall be in writing and shall be deemed given upon personal delivery, upon receipt of electronic confirmation of delivery when transmitted by facsimile or electronic mail with confirmation, or three (3) days after deposit in the United States mail, postage prepaid and addressed to the party at its notice address as set forth above.

11. AMENDMENTS, WAIVER AND COUNTERPARTS

11.1 Amendments. This Agreement may be amended or modified only by a written instrument executed by both parties and, where required, approved by the Approving Authority in accordance with applicable procedures.

11.2 Waiver. No waiver by either party of any breach shall be deemed a waiver of any other or subsequent breach. Failure to enforce any right shall not be deemed a waiver of that right.

11.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction in which the Property is located, without regard to conflict of law principles.

12.2 Entire Agreement. This Agreement, together with its Exhibits and any recorded instruments referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements.

12.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect.

EXHIBITS

The following exhibits are attached and incorporated by reference: Exhibit A — Approved Site Plan Drawings; Exhibit B — Legal Description of Property; Exhibit C — Conditions of Approval and Certificate of Approval.

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