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

City will have the ability to enter the Development for the purpose of reading meters and enforcing City Ordinances. 9. All landscaping shall be installed and maintained perpetually by the Developer, in accordance with the landscape plan set forth in the Site Plan, provided, however, that landscaping located on land dedicated to the City shall be maintained by the City. If the Developer, or its assigns fails to maintain the landscaping in accordance with the approved OPD, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Site’s landscaping into compliance. The costs of such action shall be assessed to the property Developer and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. 10. The requirements set forth in Section 4.08 of the Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements satisfied at the time the final plat for Prairie Village – Part 2 subdivision was approved. 11. The Developer shall establish and record covenants and restrictions for the subdivision, which shall include establishment of an owner’s association to maintain all private infrastructure and common area servicing the subdivision. 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 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. Fencing. If, at 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 Developer must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Developer must enter into a fence agreement with the adjacent owner that is acceptable to the City. Prior to final plat approval, the Developer 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. F. Trail Sidewalk. As part of the Prairie Village – Part Two Developer’s Agreement, Sections 3(C)(8)(b) and 3(C)(8)(c) required the Developer to install an eight foot sidewalk on Outlot “D” of Prairie Village – Part Two to provide pedestrian access from Hillside Drive to the sidewalk located over the sanitary sewer in Outlot “E” of Prairie Village – Part Two. Developer and Owners acknowledge that prior to the final plat approval of Daytona Estates, the Developer must escrow an amount of money necessary to construct the eight foot sidewalk, plus ten percent, to be approved by the City engineer, and an escrow agreement acceptable to the City must also be approved. G. Sanitary Sewer Upgrade Fee. There is no sanitary sewer upgrade fee due for Daytona Estates.