I-2 - Resolution 2022-002 - Remove Sidewalk Requirement for Shamrock Center

by the City Engineer, and will be dedicated to the City. 2. The Subdivider shall provide for the installation of all electric lines, street lights, gas mains, telephone lines and other utility facilities that are necessary at the Subdivider’s sole cost. 3. Any decorative street lighting shall be approved by the City and installed at the Subdivider’s sole cost. 4. At such time as building construction occurs on a “Lot” (as defined in the Tiffin Subdivision Ordinance), but in no event later than five (5) years from the date the final subdivision plat in which any given Lot is located is recorded with the Johnson County, Iowa Recorder, the Subdivider shall install sidewalks per the widths approved on the plat, in accordance with the plans and specifications of the City, and subject to inspections by the City Engineer or designate, unless otherwise shown on the plat or otherwise specified in this agreement. 5. The Subdivider shall submit to the City, for approval by the City Engineer, a storm water management plan which will identify the drainage of the Subdivision and specify the manner in which storm water, drainage and runoff will be accommodated. The Subdivider 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) shall be in compliance with the City’s current storm water management ordinances and policies and shall be constructed on Lot 1 as shown on the plat. 6. The Subdivider 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 Subdivider shall create an owners association for the Subdivision. The governing documents for the association will provide as follows: (i) every owner of property in the Subdivision will be a member of the association; provided, however, that the Subdivider may elect to refrain from requiring one or more Lots in the Subdivision to be a member of the owners association if deemed reasonably appropriate by the Subdivider, (ii) The association shall have the sole responsibility of maintaining the storm water detention easement area located on Outlot A, and (iii) if the association fails to maintain the storm water detention easement areas located on Outlot A the City may assess each lot in the Subdivision for any maintenance costs in the same manner as property taxes and without further notice. D. Subdivider’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 Subdivider 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