Resolutions-2015-022

9. Developer agrees to pay for all streets, water and sanitary sewer connections in conformity with the Site Plan as approved by the City. The storm water sewer system will be installed according to the Design Standards adopted by the City. All sanitary sewer mains and lines will be installed according to the Design Standards adopted by the City. All water mains and water lines will be installed according to the Design Standards adopted by the City. City will have the ability to enter the PAD for the purpose of reading meters and enforcing City Ordinances. Upon approval by the City Engineer and acceptance by the City of the water mains, sanitary sewer mains and storm sewer by resolution, the water mains, sanitary sewer mains and storm water sewer system shall be owned and maintained by the City. 10. All landscaping shall be installed and maintained perpetually by the Developer, as shown on Exhibit A. If the Developer, or its assigns fails to maintain the landscaping in accordance with the approved PAD, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Site'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. Developer'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 Developer 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 Developer and subject to the approval of the City. Furthermore, the obligations shall remain on the Developer until completion by the Developer and until acceptance by the City, as provided by law. SECTION 4. PUBLIC UTILITIES Developer agree that they 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. The Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the 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, the 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 the 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 the Developer or the property, or