(A) Non-waiver. Nothing in this subchapter shall preclude the Village from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this subchapter.
(B) Severability. If any provision of this subchapter or the application of any provision of this subchapter to any person is, to any extent, held invalid or unenforceable by a tribunal of competent jurisdiction, the remainder of this subchapter and the application of such provision to other persons or circumstances shall not be affected by such holding. In case of such an event, this subchapter and all of its remaining provisions shall, in all other respects, continue to be effective. In the event the law invalidating such a subchapter provision is subsequently repealed, rescinded, amended or is otherwise changed so that the provision which had previously been held invalid or unenforceable, no longer conflicts with the laws, rules or regulations then in effect, the previously invalid or unenforceable provision shall return to full force and effect.
(C) Performance bond.
(1) All tower owners shall purchase and maintain for the benefit of the Village a performance bond to assure that the terms and conditions of this subchapter are complied with, including repair and removal. The performance bond shall be in a form approved by the Village Attorney and shall be in an amount no less than 25% of the construction value of the towers as estimated by the Village at the time of issuance of a building permit.
(2) The Village may draw upon the performance bond for recovery of any costs or damages it incurs arising from a tower owner's violation of this subchapter, or the abandonment or discontinuance of use of a tower.
(3) The requirement to maintain a performance bond under this subsection shall cease only upon a written determination by the Village that the maintenance of the bond is no longer necessary.
(Ord. 0-1711-99, passed 9-20-99)