J-1 - Resolution 2023-082 - Daytona Estates OPD Concept and Site District - Developer's Agreement

City agrees to the construction of the public improvements after final plat approval, the Developer has complied with the security requirements set forth in Section 5.12 of the Tiffin Subdivision Ordinance and as specified in Section 6 and 7 of this agreement; and 4. The Developer enters into and abides by this Agreement. B. The Developer further agrees that this Agreement shall be a covenant running with the land and shall be binding on the present and future owners of the Real Estate. C. The Developer may not grade or otherwise disturb the earth, remove trees, construct public or private improvements or any buildings until the following conditions have been satisfied: 1. This Agreement has been fully executed by both parties, filed with the City Clerk, and approved by the City Council; 2. The Developer has complied with the pre-construction erosion control and grading provisions set forth in Section 5 of this agreement; and 3. All permits required by local, state, and federal law have been applied for and issued by the appropriate authority. 4. Contingent upon the permitting requirements set forth in Paragraph 3 of this section being met, all necessary construction permits have been applied for and issued by the City. SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The Development shall be developed according to the Site Plan and Preliminary Plat as approved by the City and according to the plans and specifications as approved by the City. All construction plans shall be approved before the commencement of any work in accordance with the Site Plan and Preliminary Plat. There shall be no variance from the approved Preliminary Plat, approved Site Plan, or from the construction plans and specifications, unless approved in writing by the City. B. Public Improvement Standards. All improvements and facilities described in this Agreement shall be constructed and installed by the Developer according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Developer from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to public water system; sanitary sewer system; storm sewer and drainageway system; site grading; underground utilities; setting for lot and block monuments; and surveying and staking. C. Standard Requirements. Further, the Developer agrees that: