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(a) Before the approval of the site plan, the owner or developer shall agree in writing that prior to construction of any private roadway, he shall provide a bond acceptable to the City or a certified check guaranteeing the completion of the private roadway within one year from the date of agreement or such time as may be agreed to by Council. The bond or check shall be in an amount equal to the estimated cost of constructing the private roadway improvements and as approved by the City Engineer.
(b) The owner or developer shall, prior to construction, deposit with the Service Director a sum of money as prescribed by Council to defray the cost of inspection and the engineering services provided and any expense incurred by the City due to the installation of the improvements and review of the plat and plans. Should the amount of such deposit be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated by the Service Director to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposits shall be refunded to the owner or developer.
(c) The owner or developer shall hold the City harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his own cost and expense, each suit or action brought against the City by reason thereof, until the improvement has been accepted by the City and the developer notified in writing within thirty days.
(d) If any violation of, or noncompliance with, any of the provisions and stipulations of this chapter occur, the City has the right to stop the work and hold the bonding company responsible for the completion of the improvement, or use the certified check, or proceeds thereof, for such purpose.
(Ord. 99-63. Passed 12-9-63; Ord. 45-09. Passed 7-13-09; Ord. 06- 16. Passed 2-8-16; Ord. 16-18. Passed 2-12-18.)