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

9. All landscaping shall be installed and maintained perpetually by the Developer, in accordance with the landscape plan set forth in the Site Plan, provided, however, that landscaping located on land dedicated to the City shall be maintained by the City. If the Developer, or its assigns fails to maintain the landscaping in accordance with the approved OPD, the City shall have the right, after 30 days’ notice, to take any and all necessary actions to bring the Site’s landscaping into compliance. The costs of such action shall be assessed to the property and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. 10. Outlot Z. The Developer shall install a pedestrian trail as generally shown in the Overall Concept Plan attached as Exhibit C. The installation of the trail by Developer shall fulfill the requirements set forth in Section 4.08 of the Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements. Before constructing such trail, Developer shall have the trail plans, including but not limited to width and location, approved by the City. After the installation of the trail and a plat prepared by Developer to the satisfaction of the City, the Developer shall dedicate the trail to the City. The Developer and City note that portions of the trail to be installed by Developer extend outside of the Development. The parties also may terminate the Trail Easement recorded at Book 5956, Page 913 by a separate agreement signed by the parties. a. Detention Basin on Outlot Z. Developer shall submit plans to the City for approval regarding the detention basin, which plans shall include lights, fountain(s) and other amenities. The Developer shall complete grading and excavation for the wet bottom rip-rapped detention basin, and install a diffuser and other amenities, all in accordance with City approved plans and specifications. Developer shall maintain the basin until erosion and sediment control is established, and the basin is stabilized. It is anticipated the basin will not be stabilized until at least five years after initial construction. Outlot Z shall then be dedicated to the City for public use and subsequent maintenance by the City, provided that the trail has been completed as described above according to the City approved plans, and provided that Outlot Z is in good, suitable condition as a wet bottom detention basin at the time of said dedication, and acceptable to the City. The remainder of Outlot Z shall be owned and maintained by a homeowners association as provided below: a: Developer acknowledges that a portion 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 a portion of 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 the portion of Outlot “Z” not dedicated to the City, which includes the storm water detention area. The City shall have no obligation for the maintenance of any portion of Outlot Z that is not dedicated to the City. 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.