(A) As a condition precedent to the village requiring any developer to contribute any land or cash in lieu of land or combination of cash and land to any school district, or park district each school district or park district shall execute and deliver to the village an indemnification agreement in a form approved by the village which among other things provides such district will indemnify and hold the Village of Frankfort, its President, Board of Trustees, officers, officials, employees, staff, agents and representatives and their respective representatives, successors and heirs harmless from any claims, demands, suits, proceedings, settlements, orders, judgments and decisions of any type which has any reasonably logical or factual relationship to this chapter including but not limited to:
(1) The studies and methodologies for determination of any contributions.
(2) Objection or appeal process or determination.
(3) Collection or payment of any funds to benefit school districts.
(4) The refund, credit for or return of funds or reconveyance of land related to this chapter.
(5) The dedication of any land to benefit any district.
(6) The use of any land or funds required under this chapter.
(B) In addition, the school district(s) or park district will pay all of the village's reasonable attorneys, expert witnesses, staff, and all other related fees, costs and expenses, provided that prior to incurring any significant fees, the village shall consult with the affected districts. The foregoing indemnity shall not apply to willful misconduct on the part of the village. If any district fails to execute and deliver the indemnification agreement, the village is under no obligation to enforce the provisions of this chapter.
(Ord. 2172, passed 7-5-05; Am. Ord. 2265, passed 2-21-06)