A. Improvements: A maintenance guarantee shall be submitted by the subdivider or permittee to the village engineer upon satisfactory completion of all improvements and prior to the release of the original performance guarantee. The term of the maintenance guarantee shall be for one, two (2) or three (3) years following the completion of the improvements. All failures which occur within the one, two (2) or three (3) year period shall be corrected by the subdivider or developer and restored to satisfactory working condition, subject to the approval of the village engineer. The term and amount of the maintenance guarantee shall be determined by the village engineer. This requirement may be waived if, upon review, a maintenance guarantee is deemed unnecessary. Generally, the maintenance guarantee shall be in the amount equal to ten percent (10%) of the original amount of the performance guarantee.
B. Default: If the subdivider or developer fails to restore to a satisfactory condition the pavement or other improvements within the specified time, or shall perform the work unsuitably as determined by the village engineer, or for any other cause whatsoever, shall not carry on the restoration in a suitable manner, the village attorney shall give notice by registered mail to the subdivider or developer and his surety. Such notice shall specify the corrective measures involved. If the subdivider or permittee, within a period of ten (10) days after such notice, does not proceed in accordance therewith, the village shall draft upon the surety in order to complete the restoration work in accordance with the terms of the maintenance guarantee. (Ord. 2000-O-22 § 1)