No subdivision containing one or more street(s) or road(s) shall be approved until a snowplowing agreement similar in form to that set forth below has been approved by the board of trustees and has been signed by the village president and a representative of the developer; said agreement having been properly witnessed.
SNOW PLOWING AGREEMENT
This agreement entered into this day of , 20 , by the Village of Waterman, hereafter referred to as "Village", and , hereafter referred to as "Subdivider".
RECITALS
WHEREAS, Subdivider has recorded, in the Recorder's Office for DeKalb County, Illinois, a plat for a subdivision known as , in the Village of Waterman, DeKalb County, Illinois, now hereafter referred to as "Subdivision"; and,
WHEREAS, Subdivider marked and dedicated certain streets and highways as public ways for public use on the plat of the Subdivision; and said Subdivision has been annexed and is within the corporate limits of the Village; and,
WHEREAS, Subdivider has laid out, opened, and improved for public use the streets and highways marked and indicated on the Subdivision plat, and the Village has not approved and accepted said improvements of the streets and highways constructed by the Subdivider.
NOW THEREFORE, in consideration of the mutual covenants contained herein, Village and Subdivider agree as follows:
1. The Village will furnish, when available, the necessary snow removal trucks, machinery, equipment, material, and personnel to plow, clear, and remove snow and ice from the streets and highways marked for public use on the Subdivision plat.
2. The Subdivider agrees that the Village will determine, to its own satisfaction, the following:
a. The necessity for snow and ice removal from the streets and highways in the Subdivision.
b. The availability of trucks, machinery, equipment, material and personnel for plowing, clearing, and removing snow and ice from the streets and highways in the Subdivision.
c. The manner and performance of the work to clear and remove snow and ice from the streets and highways in the Subdivision, and the sufficiency of the clearing or removal of snow and ice.
The Subdivider agrees with and accepts the decision of the Village on Items 2a, 2b, and 2c listed above.
3. The Subdivider agrees to keep the streets and highways, marked on the Subdivision plat and opened by the Subdivider for public use, in a safe condition, free and clear of obstructions, ruts, excavations and other conditions so the snow removal equipment can move, travel, and operate without undue delay, hindrance or danger to the personnel, equipment, or property of the Village.
4. If there is work in progress on any street or highway in the Subdivision, the Subdivider shall barricade and illuminate all obstructions, ruts, excavations, and other dangerous conditions. The Village, in its discretion may, but is not required to, clear and remove snow from any street or highway on which such work is in progress.
5. The Subdivider agrees to indemnify, defend, and hold harmless the Village of Waterman, it's officers, agents, and employees from any loss, damage, or expense arising out of or resulting from any activities that are subject to this agreement except that which is caused by intentional acts or negligence of the Village, it's officers, agents, or employees.
6. The Subdivider agrees to repair at his own expense any property, private or public, damaged by the Village during snow and/or ice removal operations on the streets and highways of the Subdivision except for such damage caused by intentional acts or negligence of the Village, its officers, agents, or employees.
7. The Subdivider agrees to pay to the Village the fee of $ each time the Village clears snow and/or ice from the streets and highways in the Subdivision from and after the date of execution of this agreement through December 31, . Commencing January 1, , and each January 1st thereafter until the Village accepts the streets and highways of the Subdivision for maintenance, the fee shall be increased. The amount of the increase each year shall be equal to the annualized rate of inflation of the preceding calendar year multiplied by the fee currently in effect. The Village may deem it necessary to clear snow and/or ice more than once for each snowfall.
8. This agreement shall be terminated only upon acceptance of the streets and highways of the Subdivision for maintenance by the Village.
Approved and accepted this day of , 20 ,
VILLAGE OF WATERMAN SUBDIVIDER
By: By:
Village President
Attest: Attest:
Village Clerk
(Ord. 2012-12, 3-13-2012)