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

SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER A. If all the public improvements and facilities, except for sidewalk construction deferred in accordance with Section 3(C)(4), are not installed and accepted by the City prior to approval of the final plat for either Part 1, Part 2, Part 3, Part 4, Part 5, Part 6 or Part 7, as the case may be, the Subdivider is required to either deposit in escrow or file a surety bond with the City in the amount equal to the estimated costs of the public improvements and facilities respecting the Part in which the Subdivider is requesting final plat approval. B. The Subdivider agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to ensure that for a period of three (3) years from the date of acceptance of any improvement, the Subdivider shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City. C. In the event the Subdivider, its assigns or successors in interest, should sell or convey Lots in the Subdivision without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; or the Subdivider, its assigns or successors in interest in the Subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4) and 3(C)(4)(a), the City shall have the right to install and construct said improvements, facilities and sidewalks. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements, facilities and sidewalks shall be a lien and charge against all of the Lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and any Lots which may be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements, facilities and sidewalks is and shall remain a lien from the date of execution until properly released as hereinafter provided. D. The Subdivider acknowledges and agrees that all Lots of the Subdivision are specifically benefited by the public improvements, facilities and sidewalks, and the cost of such public improvements, facilities and sidewalks need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements and facilities. SECTION 8. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. The Subdivider shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of improvements in the Subdivision which have been prepared by a registered professional civil engineer. The Subdivider shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, the Subdivider shall cause to have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained.