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

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. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER A. If all the public improvements and facilities which serve this Development are not installed and accepted by the City prior to approval of the final plat, the Developer is required to deposit in escrow an amount equal to the estimated costs of the public improvements and facilities plus ten percent thereof in cash, in accordance with Section 5.12 of the Tiffin Subdivision Ordinance. B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for a period of three (3) years from the date of acceptance of any improvement, the Developer shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City. C. In the event the Developer, its assigns or successors in interest, should sell or convey units in said Development without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; or the Developer, its assigns or successors in interest in said Development, shall fail to install the public improvement and facilities, the City shall have the right to install and construct said improvements and facilities. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements, facilities and sidewalks shall be a lien and charge against all of the lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and any lots which may be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements, facilities and sidewalks is and shall remain a lien from the date of execution until properly released as hereinafter provided. D. The Developer acknowledges and agrees that all lots in the Development are specifically benefited by the public improvements, facilities and sidewalks, and the cost of such public improvements, facilities and sidewalks need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements and facilities. The parties acknowledge that certain improvements will be privately owned and maintained as set forth herein. SECTION 7. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. The Developer shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of improvements in the Development which have been prepared by a registered professional civil engineer. The Developer shall obtain approval of the construction plans and