J-1 - Resolution 2022-038 - Authorizing Developer's Agreement for Prairie Village Part 3

J. The Developer represents and states that the Development complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work in the subdivision until the Developer complies with the appropriate law or regulation. Upon the City's demand, the Developer shall cease work until there is compliance. K. The Developer shall record any restrictive or protective covenants for the subdivision. A copy of the recorded restrictive or protective covenants will be provided to the City. L. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated to for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. M. Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall, within one year from the date of the approval of the preliminary plat, submit the final plat and required attachments to the City Clerk. The City has discretion to extend said date upon request by Developer. N. Iowa Development Group, Inc., TPV Commercial LLC, Patrick Hammes, Kaiser Holdings, LLC, and Margaret Ann Rogers Revocable Trust ("Owners") are the owners of the property. Owners other than Developer shall have no right to proceed with the Development unless each agrees, in writing, to be bound by the obligations of Developer as set forth herein, with the consent of the City. Upon all Owners transferring title to Developer, Developer may develop the subdivision in accordance with the approved preliminary plat and this Agreement. SECTION 164. SUCCESSORS AND ASSIGNS This Agreement shall be a covenant running with the land and inure to the benefit of and be binding upon the parties, their successors and assigns. DATED this ____ day of ____________________, 2022. CITY OF TIFFIN, IOWA By:__________________________________________ Steve Berner, Mayor DEVELOPER: Iowa Development Group, Inc. By:__________________________________________ Matthew Adam, President