In consideration of the approval of the construction plans, the owner of the parcel or tract of land being developed shall be subject to the following.
(A) The owner shall hold the village and its employees and agents free and harmless from any and all claims which might originate by virtue of the development of the subject land or the conduct of the owner, or its agents or employees relative to said development including, but not limited to, any and all claims or 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 or her own cost and expense, any suit or action brought against the village or its employees or agents by reason thereof excluding, however, any such liability that might result from the sole negligence of the village or its employees or agents. The owner acknowledges that owner and its agents or employees are knowledgeable developers who will utilize said knowledge and skill in developing the subject land and though conforming to village requirements, owner is relying solely on his or her own expertise or the expertise of his agents in developing the subject premises; and the owner is not relying on any skill or expertise of the village, or its agents or employees in preparing the developed area in accordance with sound engineering and development practices.
(B) Upon filing of the plat or easements for the improvement to the village system, the construction of these improvements shall be guaranteed by filing with the village evidence satisfactory to the village of one of the following:
(1) A performance bond equal to 100% of the estimated construction cost of the improvements, with the provision that the bond proceeds shall be used to cover the cost of contractors, subcontractors, materialmen, laborers, and other costs to the village to complete the project upon default by the owner;
(2) A certified check equal to 100% of the estimated construction cost of the improvements; or
(3) Subject to the approval of the Village Solicitor, a certificate of deposit or an irrevocable letter of credit made out to the village, equal to 100% of the estimated construction cost of the improvements.
(C) All permits and approvals shall be obtained and all fees and deposits paid prior to the commencement of any construction by any owner or developer.
(D) During construction and prior to acceptance of any 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 to the village systems within 24 hours after being notified by the village that such removal is required. Such removal shall be done to the satisfaction of the village.
(Ord. 287, passed 3-12-2024) Penalty, see § 51.999