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

the City, is first given written notice of the work in default, and has not cured such default within fourteen (14) days of such notice. This Agreement is an authorization for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter upon the property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against all of the property located in the Subdivision, which has not been released herefrom, to the extent not reimbursed under any related escrow agreement or security.. SECTION 11. AUTHORIZATION TO ENTER PREMISES The Subdivider grants the City, its agents, employees and officers authorization to enter the Subdivision to perform all work and inspections deemed appropriate and necessary by the City in conjunction with this Subdivision. SECTION 12. FEES The Subdivider agrees to record this Agreement with the Johnson County, Iowa Recorder and to pay all necessary recording and filing fees that accrue as a result of any work that is performed under this Agreement or made necessary as a result of this Subdivision. A copy of this recorded Agreement will be provided to the City. SECTION 13. TIME OF PERFORMANCE The Subdivider shall install all required public improvements, except for sidewalk construction deferred in accordance with Section 3(C)(4), within five (5) years from the date of City approval of this Agreement. The City agrees to work in good faith with the Subdivider to extend said five (5) year period to account for changes in market conditions. In the event that the Subdivider fails to install the required public improvements within the above-referenced time, authorization to proceed with the Subdivision shall cease, and the Subdivider shall be required to seek reauthorization and approval of this development the 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 14. NOTICES Required notices to the Subdivider shall be in writing and shall either be hand delivered to the Subdivider, its agents or employees, or mailed to the Subdivider by registered mail at the following address: 80/380 Commerce Park, LLC. Attn: Darryl T. High 211 1st Ave. STE A Cedar Rapids, IA 52401 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by registered mail in care of the City Administrator at the following address: 7