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

Prepared by and after recording return to: Matthew J. Hektoen 115 Third Street SE, Suite 1200 (319) 366-7641 Simmons Perrine Moyer Bergman PLC Cedar Rapids, Iowa facsimile (319) 366-1917 FIRST AMENDMENT TO SUBDIVIDER’S AGREEMENT THIS FIRST AMENDMENT TO SUBDIVIDER’S AGREEMENT (this “Amendment”), is made and entered into by and between the City of Tiffin, Iowa, a municipal corporation (the “City”) and Hightower Development, Inc., an Iowa corporation (“Subdivider”). RECITALS A. WHEREAS, the City and the Subdivider are parties to that certain Andersen Addition Subdivider’s Agreement filed July 19, 2019 in Book 5931 Page 904 in the records of the Johnson County, Iowa Recorder (the “Agreement”). B. WHEREAS, the City and the Subdivider desire to amend the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. The second sentence of Section 3(c)(1) is hereby deleted. 2. The reference to “Lot 18” in Section 3(c)(1)(c) is hereby deleted and the following inserted in lieu thereof: “Lot 35”. 3. Section 3(c)(1)(d) is hereby deleted. 4. The reference to Outlet C in last sentence of Section 3(c)(4) is hereby deleted and the following inserted in lieu thereof: The following sidewalks located in the Subdivision shall be installed by the Subdivider and completed prior to final plat approval: The sidewalk along the west side of Croell Avenue which abuts Outlot D and Outlot A. The sidewalk abutting Outlot C along Elizabeth Lane shall be completed by May 1, 2022.“Outlet D”.