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

11. The Developer shall establish and record covenants and restrictions for any attached single family lot in the subdivision, including zero-lots (Lots 1-12 and Lots 23-34) and attached single family lots (Lots 131-241). 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 not limited to, the construction and maintenance of all fences between the boundary of the subdivision and abutting land used for agricultural purposes, and entering into appropriate fence agreements prior to final plat approval, as approved by the City. Further, prior to the time of dedication or conveyance to the City of any property (i.e. outlot, right of way, open space), and abutting property is used for agricultural purposes, the Developer must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Developer must enter into a fence agreement with the adjacent owner that is acceptable to the City or, upon the approval of the City, execute a Declaration of Fencing Responsibility wherein Developer agrees to erect and maintain a perimeter fence if requested by any owners of agricultural land lying adjacent to the subdivision. F. Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer main located south of Highway 6 will have to be upgraded by City in order to meet the demands of the subdivision, and other property in the area. The cost due from the Developer for this upgrade is $616.67/acre. It is anticipated that Developer will develop the property in separate phases. Developer shall pay the Sanitary Sewer Upgrade fee for each phase in an amount calculated based upon the per acre price listed herein multiplied by the total number of acres contained in the final plat for which approval is sought, which shall be paid prior to final plat approval. G. Private Streets. The following procedure shall be followed by Developer and its successors and assigns for maintaining the private streets and snow removal the cost of which will be financed by membership in the Development Homeowners Association. The City shall be responsible for providing garbage removal through a third party contract with a garbage hauler, the cost of which shall paid through billing by the City on water service. Any cost incurred by the City due to the failure of Developer and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. SECTION 4. PUBLIC UTILITIES Developer agrees that they will obtain any necessary concurrence of utility or other easements from appropriate utility companies. Developer agrees that it will provide for the continuation of all required water, sanitary sewer and storm drainage facilities, except as provided herein. The Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the Developer will provide a plan outlining the drainage of the land and indicating the