I-4 - Resolution 2025-049 - Approving Updated Escrow Agreement - 80-380 Commerce Park First Addition

Prepared by: ESCROW AGREEMENT 80/380 COMMERCE PARK FIRST ADDITION THIS ESCROW AGREEMENT is made this 6th day of May, 2025, by and between the City of Tiffin, Iowa ("City") and 80/380 Commerce Park, LLC f/k/a The Villages, L.C., an Iowa limited liability company (“Developer”), WITNESSETH: RECITALS A. Developer has requested that the City approve its Final Plat for 80/380 Commerce Park First Addition, Tiffin, Johnson County, Iowa (the “Subdivision”). B. As a condition of Final Plat approval, the City has required Developer deposit the sum of Four Hundred Nineteen Thousand Eight Hundred Ninety and 86/100 Dollars ($419,890.86) (the “Escrow Amount”) with the City in escrow pending Developer’s obligation to complete the items listed on Exhibit A, attached hereto and by this reference incorporated herein (the “Escrow Items”). TERMS AND CONDITIONS In consideration of the Recitals and the mutual covenants set out below, it is agreed as follows: 1. Prior to final plat approval, Developer will deposit the Escrow Amount with the City to be held in escrow and disbursed to Developer upon completion of the Escrow Items in accordance with the approved construction plans. The City shall provide a written receipt acknowledging receipt of the Escrow Amount. 2. The Escrow Items shall be constructed and installed by the Developer according to the plans and specifications approved by the City Engineer of the City of Tiffin, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Developer from its responsibility to construct said Escrow Items in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Escrow Items are in compliance with said plans and specifications.