1234.09 OBLIGATIONS OF THE OWNER, CONSTRUCTION GUARANTEES, VIOLATIONS OF PROVISIONS.
   In consideration of the approval of the Construction Plans, or when there are no public improvements, the Site and/or Utility Plans, the Owner of the land being developed shall be subject to the following regulations:
   (a)   No lot, parcel or tract shall be transferred from the proposed development nor shall any construction work on such development, including grading, be started until the Owner has obtained the necessary approval of the plans, and, when required, the subdivision plat has been filed with the Franklin County Recorder.
   (b)   No conveyance shall be made of any lot or parcel smaller in frontage or area than indicated on the plat without the approval of the Board of Zoning and Planning.
   (c)   All construction work and materials used in connection with site and public improvements shall conform to the requirements of the City, shall be observed as required by the City representative when being installed, and shall be installed at no expense to the City.
   (d)   The Building Department shall be notified in writing three days before any construction is to begin.
   (e)   The owner and developer shall hold the City free and harmless from any and all claims which might originate by virtue of the development of the subject premises or the conduct of the owner, its contractors, agents or employees relative to said development including, but not limited to, any and all claims for damages of every nature whatsoever or for injunctive relief emanating from the construction and improvements or resulting from the construction and improvements of said developed area; and the Owner shall defend, at his own cost and expense, any suit or action brought against the City by reason thereof excluding, however, any such liability that might result from the sole negligence of the City. The Owner acknowledges that Owner or its agents or employees are knowledgeable developers who have utilized said knowledge and skill in developing the subject premises and though conforming to local regulations and ordinances of the City, Owner is relying solely on his own expertise or the expertise of his developer in developing the subject premises; and the Owner is not relying on any skill or expertise of the City, its agents or employees in preparing the developed area in accordance with sound engineering and development practices.
   (f)   All improvements and utilities will be satisfactorily installed within one year from the date of approval of the Construction, Site, or Utility Plans, as required herein or within such time schedule as presented and approved by the Board of Zoning and Planning.
   (g)   At, or prior to, the preconstruction meeting, prior to the beginning of construction of the public improvements, the developer or owner shall guarantee the construction of the public improvements by filing with the City evidence satisfactory to the zoning officer of one of the following:
      (1)   A performance bond equal to one hundred twenty percent (120%) of the estimated construction cost as approved by the City Engineer of the public improvements, with the provision that the bond proceeds shall be used to cover the cost of contractors, subcontractors, material men, laborers, and other costs to the City of Bexley to complete the project upon default by the owner. The performance bond shall not expire until such times as the public improvements are complete and receive conditional acceptance by the City and at such time as the maintenance guarantee is posted; or
      (2)   A certified check equal to one hundred percent (100%) of the estimated construction cost of the public improvement; or
      (3)   Subject to the approval of the Law Director, a certificate of deposit or an irrevocable letter of credit made out to the City, equal to one hundred percent (100%) of the estimated construction cost, as approved by the City Engineer, of the public improvements. The certificate of deposit or letter of credit shall not expire until such time as the public improvements are complete and receive conditional acceptance by the City and at such time as the maintenance guarantee is posted.
   (h)   All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements.
   (i)   During construction and prior to acceptance of any public improvement, the Owner shall remove or cause to be removed such dirt and debris and foreign matter from all public rights-of-way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature for the development, within twenty-four hours after being notified by the City that such removal is required. Such removal shall be done to the satisfaction of the City.
   (j)   A development agreement shall be executed in such form and on such terms and conditions as specified by the City Engineer and Law Director.
   (k)   No person or Owner shall violate any of the regulations established in these Development Regulations and upon violation the City shall have the right to:
      (1)   Stop all work on the Project immediately upon the City having posted a notice to stop work at the development site.
      (2)   Continue any unfinished work or replace any unaccepted work to a point that any public improvements do not appear to create a health or safety hazard or create maintenance or repair expense to the City because of their state of completion by:
         (A)   Holding the bonding company responsible for all actual expenses incurred, including engineering, legal and construction expenses, plus interest at the rate provided by the Ohio Revised Code, from the date of default by the owner and/or his Contractor or representatives, to the date the City receives reimbursement for all expenses incurred, or
         (B)   Using the certified check, or proceeds thereof, or proceeds of the Certificate of Deposit or the letter of credit.
            (Ord. 29-16. Passed 11-15-16.)