I-3 - Resolution 2023-082 - Daytona Estates OPD Concept and Site District - Developer's Agreement

DAYTONA ESTATES OPD/DEVELOPER’S AGREEMENT THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal corporation (hereinafter referred to as "City"), Iowa Development Group, Inc. (herein after referred to as "Developer"), and Patrick Hammes, Trustee of the Patrick Hammes Trust, Margaret Rogers, Trustee of the Margaret Rogers Trust and Kaiser Holdings, LLC (as “Owners”), . SECTION 1. REQUEST FOR OPD AND PLAT APPROVAL Developer is the fee simple titleholder of the following described real estate located in Tiffin, Johnson County, Iowa, to wit: See Exhibit A ("Real Estate") Developer has requested that the City approve the Planned Development Overlay ("OPD") Site Plan (the "Site Plan"), and the Final Plat for Daytona Estates, Tiffin, Johnson County, Iowa (the “Final Plat”), which is attached hereto as Exhibit “B”, the Real Estate. The OPD and Final Plat area collectively referred to as the “Development.” SECTION 2. CONDITIONS OF OPD APPROVAL AND RIGHT TO PROCEED A. The City shall approve the Site Plan upon the conditions that: 1. The final plat will conform with the Final Plat; 2. The construction plans for the public improvements will be submitted and approved by the City Engineer; 3. The public improvements will be constructed in accordance with approved construction plans and accepted by the City or, in the event the Developer requests and the City agrees to the construction of the public improvements after final plat approval, the