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

owners, or an association, fails to maintain the storm water detention areas on Lot 3, Lot 4, or Lot 7, the City may assess each lot in the Subdivision equally for any maintenance costs in the same manner as property taxes and without further notice. D. Subdivider’s Obligations. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein, nor shall the Subdivider be deemed to be acting as the City’s agent during the original construction and installation of the above-described improvements. The parties agree that the obligation to install the above described public improvements herein shall be in accordance with the plans and specifications drafted by the Subdivider and subject to the approval of the City. Furthermore, the obligations shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. E. Outlot A. The retaining wall and sidewalk shown on the preliminary plat shall be installed on Outlot A by Subdivider prior to City accepting title to Outlot A. Subdivider and its agents shall receive approval from the City engineer regarding the retaining wall specifications prior to construction, and shall work with the City engineer to ensure proper installation. Subdivider shall construct the retaining wall and sidewalk on Outlot A, and City shall reimburse Subdivider for the actual costs of such construction upon receipt of invoices and City acceptance of Outlot A. Outlot A must be in good, suitable condition and acceptable to the City at the time of dedication. The retaining wall and sidewalk shown on the preliminary plat shall be installed on Outlot A prior to City accepting title to Outlot A. Outlot A must be in good, suitable condition and acceptable to the City at the time of dedication. SECTION 4. PUBLIC UTILITIES A. General. The Subdivider agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. The Subdivider agrees that it will, provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Subdivider agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the Subdivider will provide a plan outlining the drainage of the Subdivision and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5. EROSION CONTROL AND GRADING A. Erosion Control. Before any utility construction is commenced or building permits are issued, the Subdivider shall design and implement an erosion control plan which shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations associated with the construction of the public improvements shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, and, if the Subdivider does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Subdivider or, to 4