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

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 any attached single family lot in the subdivision, including zero-lots (Lots 1-20), 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. SECTION 4. PUBLIC UTILITIES Developer agrees that they 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, except as provided herein. 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