Resolution No. 2026-011 – A Resolution Authorizing the Entering into a Developer’s Agreement with Grove Park Row Homes, LLC, Tiffin, Iowa for Grove Park Planned Development Overlay Site District — J.2

shall be no variance from the approved OPD plan, or from the construction plans and specifications, unless approved in writing by the City. 3. All improvements and facilities described in this Agreement shall be constructed and installed by Developer according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release Developer from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to public water system; sanitary sewer system; storm sewer and drainage-way system; site grading; underground utilities; setting for lot and block monuments; and surveying and staking. B. Private Streets. Developer agrees that the private drives on the Site shall be constructed according to the Design Standards adopted by the City, which will be shown on the construction plans, to be approved by the City Engineer. The private streets shall be installed and maintained by Developer and its successors and assigns. Developer and its successors and assigns shall be responsible for maintaining the private streets and snow removal, the cost of which will be financed by membership in the OPD Homeowners Association. The City shall be responsible for providing garbage removal through a third-party contract with a garbage hauler, the cost of which shall be paid through billing by the City on water service. Any cost incurred by the City due to the failure of Developer and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. C. Landscaping. Developer agrees that all landscaping shall be installed by Developer and maintained perpetually by Developer or its assigns in accordance with the landscape plan approved for the OPD. Developer further agrees to install trees of a quality and quantity as agreed between the Developer and City along the western property line of the Site. If Developer or its assigns fail to maintain the landscaping in accordance with this subparagraph, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Development's landscaping into compliance. The costs of such action shall be assessed to the property owner and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. D. Sidewalks. Once the sidewalks as depicted on the Site Plan are installed, Developer or its assigns shall maintain this sidewalk pursuant to the City Code of the City of Tiffin. The sidewalks shall be installed pursuant to the phasing plan, as shown on Exhibit A, and prior to the issuance of occupancy certificates for the building constructed in such phase. E. Public Improvements. Developer shall install all water mains, water lines, sewer mains, sewer lines, and provide utilities to the Site, according to City Design standards. “As Built” plans for water and sewer after the improvements are constructed shall be submitted and approved. Upon approval by the City Engineer and acceptance by the City of the water mains and sanitary sewer mains, the water mains sanitary sewer mains shall be owned and 2