K-3 - Recorded Subdivider Docs

DEVELOPER’S AGREEMENT BETWEEN THE CITY OF TIFFIN, IOWA AND RA HOLDINGS, LLC RE: A PLANNED AREA DEVELOPMENT ON A PORTION OF LOT 6 OF THE JOHNSTON POTTERFIELD SUBDIVISION PART 2 This agreement is made between RA Holdings, LLC, an Iowa limited liability company, ("Developer"), Joseph Johnston and Amanda Potterfield, husband and wife ("Owners"), and the City of Tiffin, Iowa, a municipal corporation ("City"). 1. Joseph Johnston and Amanda Potterfield are the owners in fee simple of all of the real estate within the perimeter boundaries of R and A Condominiums Addition Subdivision, a resubdivision of Lot 6, Johnston-Potterfield Subdivision, Part 2, City of Tiffin, Iowa. Developer will be acquiring Lot 1 from Owners. The obligations under this Agreement shall run with the land. Upon Owner transferring title of Lot 1 to Developer, Developer shall assume all of Owners’ obligations under this Agreement and Owners shall be released from any and all liability or obligations under this Agreement. 2. The land which is to be the subject of the Planned Area Development ("PAD") is described in Exhibit "A" attached hereto and made a part hereof. 3. The PAD is divided into two different zones. A part of the PAD has previously been zoned R-4 and a part of the PAD has been previously zoned R-2. 4. Access to the PAD is off of Potter Street, and through the platted right-of-way as shown on the plat as recorded in Johnson County Recorder’s Office, Plat Book 41, Page 307 of the Johnston-Potterfield Subdivision which was previously deeded to the City by Joseph Johnston and Amanda Potterfield, and the proposed extension of Lilac Street that will be a private road installed by the Owners or Developer. 5. Developer and Owners agree to re-engineer and pave the intersection of Potter Street and Lilac Street to conform to the City of Tiffin Design Standards. The Developer and Owners also agree to install that portion of Lilac Street, a private street, as shown on the PAD with concrete at least 7 inches in thickness and a width of 28 feet without curb and gutter, with