Page 172 - 2018 Village Ordinance Book 122818

inspection of all improvements and any legal and administration costs encountered by the
Village in granting approvals for the development of the Property.

B. DECLARATION OF RESTRICTIONS.

It is agreed that the Developer shall furnish the Village with a complete copy of any
Declaration of Restrictions which, following review and approval by Village (which shall not be
unreasonably withheld or delayed) shall be recorded by Developer. Said Declaration shall define
all restrictions and shall identify whose responsibility it will be to monitor and enforce the
restrictions. The terms of the Declaration of Restrictions shall not conflict with the terms of this
Development Agreement.

C. BUILDING PERMITS.

1. It is agreed that, except as is provided hereafter, there shall be no building permits
issued by the Village Building Inspector until that Inspector shall be satisfied that all the
conditions precedent contained in this Agreement and of the Village Ordinances have been fully
complied with regarding such proposed building and that all requirements for public
improvements (if any) under this Agreement, private utilities and gravel roadways and storm
sewer necessary to serve such building have been or are in the process of being installed. No
occupancy permits will be issued until all improvements for such building have been completed.
The parties recognize that the Developer may need to begin grading on the site immediately
following the transfer of the Property to Developer. Therefore, both parties agree the Village
shall issue a preliminary grading permit for the project within five (5) days following the date
the Developer has paid any fees required to obtain a preliminary grading permit.

D. INDEMNIFICATION.

Developer shall, during the term of this Agreement, indemnify, defend and hold harmless
Village and officers, consulting engineers, attorneys, agents, representatives and employees
thereof from and against any and all claims, damages, judgments, costs and expenses and
attorney fees which any of them may pay, sustain or incur should any person or party incur
personal injury, property loss or damage arising out of wrongful, negligent, improper or deficient
conduct of Developer in the design or construction of any of the improvements on the Property,
including the design and construction of all onsite sanitary sewer systems, the design and
construction of onsite water systems, the design and construction of onsite underground storm
and surface water drainage facilities relating to this proposed development or as a result of any
claim for labor, materials or improvements in connection with the construction of the same other
than any act or omission to Village, its agents or contractors, provided that Village shall provide
notice of any claim it has under this provision, will afford the Developer the right to defend,
prosecute and settle such claim, will make full disclosure of all relevant facts and circumstances,
and shall cooperate with Developer and Developer’s legal counsel in defending against any such
claim, at Village’s expense if by separate counsel, to the extent permitted by Developer’s
insurance company. Any costs or expenses including actual attorney fees, which the Village
incurs as a result of any claim indemnified herein shall be reimbursed to the Village either
through a cash deposit, any letter of credit posted by the Developer in connection with this

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