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G-366 - 10/08/1985 - BOND - Ordinances ORDINANCE NO. G- 366 AN ORDINANCE AMENDING SECTION 10-55(e) OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO BOND REQUIREMENTS FOR LAND MODIFICATIONS WHEREAS, the President and Board of Trustees of the Village of Oak Brook, Illinois have heretofore adopted Section 10-55(e) of the Code of Ordinances of said Village, which Section sets forth certain bond requirements for land modifications; and WHEREAS, a cash performance bond is preferable for land modifications required in construction of single family dwellings, due to the greater ease in administering the cash bond for the large number of single family construction projects in the Village; and WHEREAS, the President and Board of Trustees of the said Village deem a revision of such bond requirements to be *in the best interest and in pursuance of the general welfare of the Village; I NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF,OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: t Section11: That Section 10-55(e) of the Code of Ordinances of the Village of Oak Brook, Illinois be and is hereby amended to read as follows: (e) Performance Bonds. Except in the case of land modifications resulting from construction of single family dwelling(s) , the applicant shall be required. to file with the Village a commercial performance bond or bonds, letter of credit, or other security satisfactory to the Village Attorney to cover all costs of improvements, landscaping, maintenance of improvements and landscaping for such period as specified by the Village, and to cover the cost of failure or repair of improvements installed on the site pursuant to a land modification permit. The amount of such bond shall be equal to one hundred (100) per cent of the estimated cost of the land modification for which a permit is issued, provided that where the estimated cost of such work is less than five hundred dollars ($500.00) no bond shall be required. Such bond shall be in addition to and not in lieu of any other bond required under the Ordinances of the Village. In the case of land modifications resulting from the construction of single family dwellings, the applicant shall file a two thousand dollar ($2,000.00) cash performance bond with the Village for the purposes listed above. Any performance bond or bonds, letter of credit or other security acceptable to the Village filed pursuant to this subsection shall be subject to forfeiture by the Village upon default by the permittee in any material aspect of said permit. Such forfeiture shall be in addition and not in derogation of any other rights of the Village. The Village may use the performance bond, letter of credit or other security to complete the work in accordance with the permit application and/or building permit documents as approved by the Village in the event that the permittee fails to complete said work upon fifteen (15) days notice to do so. Upon final approval of the land modification portion of a building permit for a habitable structure or in other cases, upon a final inspection evidencing that all land modifications have been satisfactorily completed, the Village shall return any unused portion of a cash performance bond to the applicant. Ordinance No. G-__166 Amending Section 10-55(e) of the Code of Ordinances Relative to Bond Requirements for Land Modifications Page two Section 2: All ordinances, rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 3: If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Section 5: The Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form as required by law. PASSED this 8th day of October , 1985. Ayes: Nays: NQng Absent: Trustee Rush APPROVED this 8th day of October , 1985. 1 , ' r Vi age President 1 ATTEST; _, { l 11�) j Villa e Clerk Approved as to Form: Village Attorney Published 10-9-85 Pamphlet Form Date Paper Not Published