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

PRAIRIE VILLAGE – PART 3 OPD/DEVELOPER’S AGREEMENT THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal corporation (hereinafter referred to as "City"), Iowa Development Group, Inc. (herein after referred to as "Developer"). SECTION 1. REQUEST FOR OPD AND PLAT APPROVAL Owners are the fee simple titleholders of the following described real estate located in Tiffin, Johnson County, Iowa, to wit: See Exhibit A ("Real Estate") Developer has requested that the City approve the Planned Development Overlay Concept and Site District ("OPD") Site Plan (the "Site Plan"), and the preliminary plat for Prairie Village – Part 3, Tiffin, Johnson County, Iowa (the "Preliminary Plat"), which is attached hereto as Exhibit “B”, the Real Estate. The OPD and preliminary plat area collectively referred to as the “Development.” SECTION 2. CONDITIONS OF OPD/PLAT APPROVAL AND RIGHT TO PROCEED A. The City shall approve the Site Plan upon the conditions that: 1. The final plat will conform with the preliminary plat; 2. The construction plans for the public improvements will be submitted and approved by the City Engineer; 3. The public improvements will be constructed in accordance with approved construction plans and accepted by the City or, in the event the Developer requests and the City agrees to the construction of the public improvements after final plat approval, the