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

zoning ordinances and environmental regulations. 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. .. L. Plat notes and surveyor’s notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. SECTION 7. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. Developer shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of improvements in the OPD which have been prepared by a registered professional civil engineer. Developer shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, Developer shall have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained. B. Developer shall pay all costs of City engineering administration, which will include review of Developer 's final construction plans and specifications, monitoring of construction, and consultation with Developer and its engineer on the status, progress or other issues regarding the project. Developer shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of proposed public utilities, street construction and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by Developer shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by Developer. SECTION 8. RELEASE The City agrees that when the improvements, facilities and sidewalks required by Section 2 of this Agreement have been installed to the satisfaction of the City, and upon receipt of payment for all engineering costs pursuant to section 7(B), it will promptly issue appropriate releases of the lot for recording in the Johnson County Recorder's Office so that this Agreement, or applicable portions thereof, will no longer constitute a cloud on the title of the lots in said OPD. SECTION 9. DEVELOPER'S OBLIGATION AND DEFAULT A. Developer agrees and is fully obligated to perform as provided in this Agreement. Developer is liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of Developer, its employees, agents or assigns, to perform is not a defense for Developer against any action to be taken by the City. 7