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

until released by the City. 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 Outlot "A", Outlot "B", , Outlot "D," Outlot "E," and Lot 33 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 requirements set forth in Section 4.08 of the Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements have been satisfied for this Subdivision by virtue of the dedication to the City of Outlot "A" and Outlot "C" (collectively, the "Outlots"). 9. Subdivider acknowledges that a Outlot "B", Outlot "D" and Outlot "E" will be subject to a storm water detention easement. The Subdivider shall create one or more owners associations for the entire Andersen Addition subdivision. Every owner of property in Andersen Addition Subdivision will be a member of the associations. Subdivider agrees and acknowledges that Outlot "B", Outlot "D" and Outlot "E" in Andersen Addition shall be conveyed to the associations for use as a common area and storm water detention easement. The associations shall have the sole responsibility of maintaining the storm water detention easement area located on Outlot "B", Outlot "D" and Outlot "E". The City shall have no obligation for the maintenance of said storm water detention easement areas. If the associations fail to maintain the storm water detention easement areas located on Outlot "B", Outlot "D" and Outlot "E", the City may assess each lot in the Andersen Addition subdivision equally 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 specifications drafted by the Subdivider and subject to the approval of the City. Furthermore, the obligations shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. E. Dedication and Acceptance. Upon the completion of grading and excavation for