J-2 - Resolution 2024-029 - GHS Development Developer's Agreement - Tiffin Heights West

to final plat approval, as approved by the City. Further, prior to the time of dedication or conveyance to the City of any property (i.e. outlot, right of way, open space), and abutting property is used for agricultural purposes, the Subdivider must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Subdivider must enter into a fence agreement with the adjacent owner that is acceptable to the City. Prior to final plat approval, the Subdivider must ensure the part of the fence it is responsible for pursuant to the fence agreement is in good condition, subject to approval by the City. J. It is anticipated the mailbox cluster will be located on Outlot B. The Homeowners’ Association shall be responsible for maintaining the mailbox cluster, and the provisions of Section 3(C)(9) above are incorporated herein. SECTION 4. PUBLIC UTILITIES Developer agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. Developer agrees that it will provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the Developer will provide a plan outlining the drainage of the land and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5. EROSION CONTROL AND GRADING A. Erosion Control. Before any utility construction is commenced or building permits are issued, the Developer shall design and implement an erosion control plan which shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, and, if the Developer does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Developer or the property, or both. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. B. Grading. No grading of any nature may occur on this property until a grading plan is implemented by the Developer and approved by the City. Within ninety (90) days after the completion of any grading, the Developer shall provide the City with an "as-constructed" grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT Should the plat be developed in multiple phases, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Agreement and the breach has not been