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

A. The Developer represents and states that the plat complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work in the Subdivision until the Developer complies with the appropriate law or regulation. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, occupancy permits or other permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. F. The Developer may not assign this Agreement or the obligations imposed by this Agreement without the written permission of the City Council or as otherwise provided in this Agreement. G. The Developer’s obligations under this Agreement shall continue in full force and effect even if the Developer or Owner sells a portion of the Subdivision, the entire platted area, or any part thereof. H. No building permits will be issued until all public improvements, except for sidewalk construction deferred in accordance with Section 3(C)(7), have been constructed in accordance with applicable standards and formally accepted by the City. I. The Developer shall take out and maintain a public liability and property damage insurance policy covering personal injury, including death, and claims for property damage which may arise out of the Developer’s work or the work of its subcontractors or by one directly or indirectly employed by any of them. J. The Developer shall record any restrictive or protective covenants for the subdivision. A copy of the recorded restrictive or protective covenants will be provided to the City. K. The Developer shall record the original copy of this Agreement, with all requisite signatures, at the time the other final plat documents are recorded as required by law. L. The Developer, its grantees, successors and assigns, agree that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the