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

the extent not released herefrom, the property, or both. The City will endeavor to notify the Subdivider in advance of any proposed action, but failure of the City to do so will not affect the Subdivider’s and City’s rights or obligations hereunder. B. Grading. Within ninety (90) days after the completion of any grading associated with the public improvements, the Subdivider shall provide the City with an "as-constructed" grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT A. General. The Subdivider contemplates that the development of the Subdivision will be completed in multiple parts as dictated by market conditions. The City shall have discretion to require any improvements or requirements it deems necessary for each Part prior to final plat approval for such Part. The City may refuse to approve final plats of subsequent Parts if the Subdivider has breached this Agreement and the breach has not been remedied. SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER A. If all the public improvements and facilities are not installed and accepted by the City prior to approval of the final plat the Subdivider is required to either deposit in escrow or file a surety bond with the City in the amount equal to the estimated costs of the public improvements and facilities respecting the Part in which the Subdivider is requesting final plat approval. B. The Subdivider agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to ensure that for a period of three (3) years from the date of acceptance of any improvement, the Subdivider shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City. C. In the event the Subdivider, its assigns or successors in interest, should sell or convey Lots in the Subdivision without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; or the Subdivider, its assigns or successors in interest in the Subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4) and 3(C)(4)(a), the City shall have the right to install and construct said improvements, facilities and sidewalks. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements, facilities and sidewalks shall be, except as to any released Lot(s), a lien and charge against all of the Lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and any Lots which may be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements, facilities and sidewalks is and shall remain a lien from the date of execution until properly released as hereinafter provided. D. The Subdivider acknowledges and agrees that all Lots of the Subdivision are 5