I-8 - Resolution 2025-058 - Updated 80-380 Commerce Park Developer's Agreement - 80-380 Commerce Park Addition

approved by the City; 3. The public improvements will be constructed in accordance with approved construction plans and accepted by the City or, in the event the Subdivider requests and the City agrees to the construction of the public improvements after final plat approval, the Subdivider has complied with the security requirements set forth in Section 5.12 of the Tiffin Subdivision Ordinance and Section 7 of this Agreement; and 4. The Subdivider enters into and abides by this Agreement. B. The Subdivider further agrees that this Agreement shall be a covenant running with the land and shall be binding on the present and future owners of the Subdivision, in either case, to the extent such land is not released as provided hereunder. C. The Subdivider may not grade or otherwise disturb the earth, remove trees, construct sanitary sewer mains, storm sewer mains, water mains, streets, utilities, public or private improvements or any buildings until the following conditions have been satisfied: 1. This Agreement has been fully executed by both parties, filed with the City Clerk, and approved by the City Council; 2. The Subdivider has complied with the erosion control and grading provisions set forth in Section 5 of this Agreement; and 3. All permits required by local, state, and federal law have been applied for and issued by the appropriate authority. 4. All necessary construction permits have been applied for and issued by the City. SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The Subdivision public improvements shall be developed according to the plat as approved by the City and according to the plans and specifications as approved by the City. All construction plans for the public improvements shall be approved before the commencement of any work in accordance with the plat. There shall be no variance from the preliminary plat, or from the construction plans and specifications, unless approved in writing by the City. B. Public Improvement Standards. All public improvements and facilities described in this Agreement shall be constructed and installed by the Subdivider according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Subdivider from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to public water system; sanitary sewer system; storm sewer and drainageway system; site grading; underground utilities; setting for lot and block monuments; 2