1244.09 SUBDIVIDER’S AGREEMENTS.
The City of Springboro may, but is not required to, enter into a Subdivider’s Agreement.
(a) General. The subdivider’s agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the City of Springboro and shall contain those terms and conditions agreed to by the parties and those required by this Section 1246 of these regulations.
(b) Third Party Rights. Except as otherwise expressly provided in the subdivider’s agreement, the development agreement shall create no rights enforceable by any party who/which is not a party to the development agreement.
(c) Limitation of Liability. The development agreement shall contain a clause that any breach of the subdivider’s agreement by the City of Springboro shall give rise only to damages under state contract law and shall not give rise to any liability for violation of the fifth and fourteenth amendments of the U.S. Constitution or sections 1 and 19 of Article 1 of the Ohio Constitution.
(d) Developer’s Compliance. The development agreement shall include a clause that the government’s duties under the agreement are expressly conditioned upon the subdivider’s substantial compliance with each and every term, condition, provision and covenant of the agreement, all applicable federal, state, and local laws and regulations, and its obligations under the subdivision improvement agreement.
(e) Adoption. The development agreement shall be adopted by ordinance of the City Council pursuant to applicable state and local laws and shall be recorded in the recorder’s office of Warren or Montgomery County.
(f) Incorporation as Matter of Law. All clauses, covenants, and provisions required by these regulations to be included in a development agreement shall be incorporated into the development agreement as a matter of law without respect to the intent of the parties.
(Ord. 04-41. Passed 8-19-04.)