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

null and void without any action by the City Council. Developer may, however, request an extension of time from the City. SECTION 4. PUBLIC UTILITIES Developer agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. Developer agrees that it will provide for the continuation of all required water, sanitary sewer and storm drainage facilities. Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that Developer will provide a plan outlining the drainage of the land and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5. EROSION CONTROL AND GRADING A. Erosion Control. Before any utility construction is commenced or building permits are issued, Developer shall design and implement an erosion control plan which shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, and, if Developer does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to Developer or the property, or both. The City will endeavor to notify Developer in advance of any proposed action, but failure of the City to do so will not affect Developer's and City's rights or obligations hereunder. B. Grading. No grading of any nature may occur on this property until a grading plan is implemented by Developer and approved by the City. Within ninety (90) days after the completion of any grading, Developer shall provide the City with an "as-constructed" grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. MISCELLANEOUS A. The City may, at its option, refuse to allow construction or development work in the OPD until Developer complies with the appropriate law or regulation. Upon the City's demand, Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Agreement. C. Breach of the terms of this Agreement by Developer shall be grounds for denial of building permits, occupancy permits or other permits. 5