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

SECTION 6. PHASED DEVELOPMENT A. The Developer 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 final plat approval, including offsite improvements. The City may refuse to approve final plats of subsequent Parts if the Developer 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 Developer 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 in accordance with Section 5.12 of the Tiffin Subdivision Ordinance. B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City to ensure that for a period of three (3) years from the date of acceptance of any public improvement, the Developer shall be responsible to maintain such public improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the public improvements accepted by the City. C. In the event the Developer, its assigns or successors in interest, should sell or convey lots in said 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; the City shall have the right to install and construct said improvements and/or facilities. 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 and/or facilities shall be a lien and charge against all of the lots adjacent to or in front of the improvements and/or facilities that are constructed and any lots which may be assessed for public improvements and/or facilities under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements and/or facilities is and shall remain a lien from the date of execution until properly released as hereinafter provided. D. The Developer acknowledges and agrees that all lots of the Subdivision are specifically benefited by the public improvements and/or facilities, and the cost of such public improvements and/or facilities 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 Developer 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 Developer shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies