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

specifically benefited by the public improvements, facilities and sidewalks, and , subject to the terms of Section 7.C., above, the cost of such public improvements, facilities and sidewalks need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements and facilities. SECTION 8. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. The Subdivider shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of improvements in the Subdivision which have been prepared by a registered professional civil engineer. The Subdivider shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, the Subdivider shall cause to have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained. B. The Subdivider shall pay all reasonable costs of City engineering administration, which will include review of the Subdivider’s final construction plans and specifications, monitoring of construction, and consultation with the Subdivider and its engineer on the status, progress or other issues regarding the project. The Subdivider shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of proposed public utilities, street construction and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by the Subdivider shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by the Subdivider. SECTION 9. RELEASE The City agrees that when the public improvements, facilities and sidewalks required by Section 3 of this Agreement have been installed to the satisfaction of the City, it will promptly issue appropriate releases of various Lots of the Subdivision for recording in the Johnson County Recorder’s Office so that this Agreement, or applicable portions thereof, will no longer constitute a cloud on the title or otherwise bind of the Lots in the Subdivision. SECTION 10. SUBDIVIDER’S OBLIGATION AND DEFAULT A. The Subdivider agrees and is fully obligated to perform as provided in this Agreement. The Subdivider is liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of the Subdivider, its employees, agents or assigns, to perform is not a defense for the Subdivider against any action to be taken by the City. B. In the event of default by the Subdivider regarding any work to be performed by the Subdivider under this Agreement, the City may, at its option, perform the work and bill the Subdivider for said work. the Subdivider shall promptly reimburse the City for any reasonable expense incurred by the City, provided the Subdivider, except in an emergency as determined by 6