I-3 - Resolution 2022-088 - Lot 55, Madden Addition OPD Site District - Developer's Agreement

and void without any action by the City Council. In the event that the Subdivider fails to commence installation of the required public improvements within the above-referenced time, authorization to proceed with the development shall cease, and the Subdivider shall be required to seek reauthorization and approval of this Agreement. Subdivider may, however, request an extension of time from the City. If an extension is granted, it may be conditioned upon updating any security posted by the Subdivider or requiring the Subdivider to provide security to reflect cost increases and extended completion date. SECTION 4. SUCCESSORS AND ASSIGNS This Agreement shall be a covenant running with the land and inure to the benefit of and be binding upon the parties, their successors and assigns. The City and the Subdivider have caused this Agreement to be signed, in their names and on their behalf by their duly authorized officers, all as of the day and date written above. CITY OF TIFFIN, IOWA Attest: By: ________________________________ STEVE BERNER, Mayor ________________________ Abigail Hora, City Clerk STATE OF IOWA, JOHNSON COUNTY ) ss: On this _____ day of ________________, 2022, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steve Berner and Abigail Hora, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Tiffin, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation; and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its City Council, as contained in Resolution No. __________ of the City Council on the ____ day of ________________, 2022; and that Steve Berner and Abigail Hora acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa My Commission Expires: ________________