J-1 - Developers Agreement Prairie Village Commercial - Part 3

plat or otherwise specified in this agreement. Prior to final plat approval Developer shall construct a sidewalk along the west side of N. Kimberlite which is eight feet in width. The sidewalk along the east side of N. Kimberlite shall be five feet in width. 5. The Developer shall submit to the City, for approval by the City Engineer, a storm water management plan which will identify the drainage of this development and specify the manner in which storm water, drainage and runoff will be accommodated. The Developer agrees to dispose of all storm water through the approved storm water and drainageway system as set forth in the storm water management plan. The design and construction of the storm water detention basin(s), if required by the City for this development, shall be in compliance with the City’s current storm water management ordinances and policies. 6. The Developer shall provide any water, sewer, utility and drainage easements as shown on the approved final plat. 7. Any wells shall be abandoned in accordance with applicable local, state and federal laws and regulations. 8. The requirements set forth in Section 4.08 of the Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements have been met by the open space dedication in Prairie Village Part 3. 9. Developer acknowledges that Outlot “Z” will be a storm water detention area and will be subject to a storm water detention easement providing for a wet-bottom, rip- rapped detention basin. The Developer shall create a homeowners association for the entire Development. Every owner of property in the Development will be a member of the Homeowners Association (the “Association”). Developer agrees and acknowledges that Outlot “Z” shall be conveyed to the Association for use as open space, common area and storm water detention area. The Association shall have the sole responsibility of maintaining Outlot “Z”. The City shall have no obligation for the maintenance of any portion of Outlot Z. If the Association fails to maintain the open space, common area and storm water detention area on Outlot “Z”, the City may assess each lot in the Development equally for any maintenance costs in the same manner as property taxes and without further notice. 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. Prior to final plat approval the Developer must comply with the fencing requirements of the Tiffin Design Standards, currently found in Chapter 16. This includes, but is 4