I-6 - Resolution 2021-080 - First Amendmen to Subdivider's Agreement - Andersen Agreement

(ie. private) (i) it shall be decommissioned when gravity sewer is available, and (ii) upon prior written approval of the City, the Subdivider may elect to install the same on a Lot of its choosing it being the desire of the Subdivider that if the facility is private that it not be located on land to be dedicated to the City (ie. Outlot "C"). SECTION 4. PUBLIC UTILITIES A. General. The Subdivider agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. The Subdivider agrees that it will, provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Subdivider agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the Subdivider will provide a plan outlining the drainage of the Subdivision and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5. EROSION CONTROL AND GRADING A. Erosion Control. Before any utility construction is commenced or building permits are issued, the Subdivider shall design and implement an erosion control plan which shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. The parties recognize that time is of the essence in controlling erosion, and, if the Subdivider does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Subdivider or the property, or both. The City will endeavor to notify the Subdivider in advance of any proposed action, but failure of the City to do so will not affect the Subdivider's and City's rights or obligations hereunder. B. Grading. Within ninety (90) days after the completion of any grading, the Subdivider shall provide the City with an "as-constructed" grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT A. General. The Subdivider contemplates that the development of the Subdivision will be completed in multiple parts as dictated by market conditions. The sanitary sewer line to be installed by Ridges Development Group, LLC, an Iowa limited liability company, in the SW ¼ SE ¼ 21-80-7 will service this Part and no final plat approval will be granted until this sewer line has been installed and accepted by the City. The City shall have discretion to require any improvements or requirements it deems necessary for each Part prior to final plat approval. The City may refuse to approve final plats of subsequent Parts if the Subdivider has breached this Agreement and the breach has not been remedied.