A. Inspection; Correction of Adverse Conditions. The Village and its agents shall have the right, and the Developer is deemed to have granted such permission to the Village, to enter upon the Property at all reasonable times for purposes of inspecting the work. The Village reserves the right to take all necessary steps under current conditions, to abate any dangerous or hazardous condition, including the presence of excessive soil erosion run-off and sedimentation, provided however, the Village shall first notify Developer of the hazardous condition and provide Developer a reasonable time to correct said condition. If Developer fails to correct the condition, or in the case of conditions which pose an immediate threat to the public health, safety, and welfare, the Village may immediately abate the condition without notice.
B. Payment of Village Costs. In addition to all other costs to be paid by Developer, Developer shall pay and be responsible for any costs incurred by the Village for professional services pertaining to the review, analysis or opinion of the project, including, but not limited to, surveyor, planner, engineer, attorney and other professional services deemed necessary by the Village.
C. Binding Effect; Transfer and Assignment. Unless otherwise provided, all obligations of Developer shall be binding upon and shall inure to the benefit of the heirs, successors, assigns, or grantees of Developer and any subsequent owner of the developed Property. Developer shall not assign its obligations without the prior written consent of the Village.
D. Conflict of Laws. In the event that any provision conflicts with federal, state, or local law, such conflict shall not affect the other provisions which can be given effect without the conflicting provision.
E. Severability. In the event that any provision of this chapter is found by a court of competent jurisdiction to be invalid or unenforceable, such finding shall not affect the remaining portions of this chapter which shall remain in full force and effect.
F. Deed Restrictions. The Developer shall prepare all deed restrictions and restrictive covenants, required by the Village including restrictions on subdividing or maintenance of storm water management, on such terms as are acceptable to the Village.
G. Proof of Insurance. Prior to commencement of work hereunder and at such other times as the Village may request, Developer shall furnish to the Village certificates of insurance relating to all coverage required by the Village. All policies required herein shall include the Village of Reedsville, as additional insured.
H. Cancellation of Insurance. Each policy of insurance shall provide that it is noncancellable for a period of thirty (30) days following written notice to the Village of intention to cancel given by the policy owner or policy carrier via certified mail.
I. Hold Harmless and Indemnification. Developer 'shall indemnify, defend, (with counsel acceptable to Village) and hold harmless the Village, its trustees, officers, agents, employees, successors and assigns, from and against any and all claims for damages of any kind relating to bodily injury, death, or property damage arising in whole or in part directly or indirectly out of the work performed or to be performed, including extra work, by reason of any act, omission or negligence of Developer, or any of its agents, employees, representatives, contractors, or subcontractors, or the agents, employees, or servants of said respective parties.
J. Developer Payments. Developer shall, with respect to the duty to defend, choose counsel acceptable to the Village and pay all costs and attorneys' fees incurred in connection therewith. Developer shall pay any final judgment entered in an action to which the hold harmless agreement and indemnification agreement applies.
K. Municipal Immunity. The indemnity and hold harmless agreement shall be applicable regardless of any provisions of municipal law or any other immunity provided for by law but shall not be construed to abrogate any defenses or other immunity available to the Village or its trustees, officers, agents, or employees by virtue of its status as a municipal entity.
L. Proof of Developer Status, Developer shall provide to the Village, at such times as the Village may request, such evidence as the Village deems necessary to establish the legal status of the Developer and the current owners of the entity, if applicable, and evidence of authority to act.
M. Developers Ongoing Sales Effort. Provided the Developer is current on all obligations pursuant to this chapter. Developer may operate and maintain a "model home" business front and signage on any lots Developer owns. (Ord. 2022-3, 6-9-2022)