J-2 - Resolution 2024-076 - Honey Lane Development Developer's Agreement - Tiffin West

The Developer agrees to dispose of all storm water through the approved storm water and drainageway system as set forth in the storm water management plan. The design and construction of the storm water detention basin(s) shall comply with the City’s current storm water management ordinances and policies. 4. The Developer shall provide any water, sewer, utility and drainage easements as shown on the approved final plat. 5. Any wells shall be abandoned in accordance with applicable local, state and federal laws and regulations. 6. Developer acknowledges that Outlot “A” will be a storm water detention area and will be subject to a storm water detention easement providing for a wet-bottom, rip-rapped detention basin. The Developer shall create a commercial owners’ association for the entire Subdivision. Every owner of property in the Subdivision will be a member of the Commercial Owners’ Association (the “Association”). Developer agrees and acknowledges that Outlot “A” shall be conveyed to the Association for use as open space, common area and storm water detention area. The Association shall have the sole responsibility of maintaining Outlot “A”. The City shall have no obligation for the maintenance of any portion of Outlot “A”. If the Association fails to maintain the open space, common area and storm water detention area on Outlot “A”, 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. 7. At such time as building construction occurs on a lot, but in no event later than five (5) years from the date the final subdivision plat is recorded, the Developer shall install five foot wide sidewalks in said subdivision abutting said lots in accordance with the plans and specifications of the City, and subject to inspections by the City Engineer or designate, unless otherwise shown on the plat or otherwise specified in this agreement. D. Developer’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 Developer be deemed to be acting as the City’s agent during the original construction and installation of the above-described public 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 Developer and subject to the approval of the City. Furthermore, the obligations shall remain on the Developer until completion by the Developer and until acceptance by the City, as provided by law. E. Easement Vacation. Any easements requested to be vacated must be separately approved by City Council. Approval of the plat and this agreement does not approve the vacation of such easements. F. Development Agreement. The City and Developer may enter into a separate Development Agreement for Lots 1, 2, 3, 4 or 5, which may provide Developer with certain development incentives. G. Fencing. Prior to final plat approval the Developer must comply with the fencing