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

that is performed under this Agreement or made necessary as a result of this Subdivision. A copy of this recorded Agreement will be provided to the City. SECTION 13. TIME OF PERFORMANCE The Subdivider shall, with respect to any given Part, install all required public improvements for said Part, except for sidewalk construction deferred in accordance with Section 3(C)(4), within five (5) years from the date of City approval of the final plat for said Part. The City agrees to work in good faith with the Subdivider to extend said five (5) year period to account for changes in market conditions. In the event that the Subdivider fails to install the required public improvements within the above-referenced time, authorization to proceed with the Subdivision shall cease, and the Subdivider shall be required to seek reauthorization and approval of this development the Subdivider may, however, request an extension of time from the City. If an extension is granted, it may be conditioned upon updating any security posted by the Subdivider or requiring the Subdivider to provide security to reflect cost increases and extended completion date. SECTION 14. NOTICES Required notices to the Subdivider shall be in writing and shall either be hand delivered to the Subdivider, its agents or employees, or mailed to the Subdivider by registered mail at the following address: Hightower Development, Inc. Attn: Scott Andersen P.O. Box 5198 Coralville, IA 52241 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by registered mail in care of the City Administrator at the following address: Tiffin City Administrator 300 Railroad St., P.O Box 259 Tiffin, IA 52340 Notices mailed in conformance with this section shall be deemed properly given. SECTION 15. MISCELLANEOUS A. The Subdivider represents and states that the plat complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work in the Subdivision until the Subdivider complies with the appropriate law or regulation. Upon the City's demand, the Subdivider shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement.