Resolutions-2016-064

anticipated that a Homeowner’s Association will be formed, and through payment of dues by the owners of the property, the Homeowner’s Association will pay all costs of any future sanitary sewer installation. Upon acceptance by the City of the sewer mains and sewer system improvements by resolution, the sewer mains and sewer system improvements shall be owned and maintained by the City. B. If future owners do not comply with Section 16(A) above, public sanitary sewers may be installed by the City at such time as the City deems advisable. Such sanitary sewers shall be constructed according to the City’s design standards and specifications in effect at the time the sanitary sewers are constructed. Developer hereby agrees that all of the lots in the subdivision will be benefited equally by such improvement. Therefore, the cost of installation of such sanitary sewers shall be assessed and specifically allocated against all lots in the subdivision equally, pursuant to the provisions of the Code of Iowa which are applicable at such time. Notwithstanding the foregoing: 1. Developer and any future owner waives any provision limiting the amount which may be assessed against a lot to a certain percentage of the value of the lot. Said provision being currently set forth in Iowa Code 384.62 (2013). 2. With respect to the resolution of necessity relating to the above-described improvements, developer waives all objections retaining to the regularity of the proceedings and legality of using the special assessment procedure. 3. Developer and any future owner waives the right to file or sign an objection to the proposal, as currently provided in Iowa Code 384.54 (2013). C. Developer will execute a Future Sanitary Sewer Easement Agreement that is acceptable to the City and deliver it to the City for recordation with the other subdivision documents. The instrument shall not be effective until the public sanitary sewer is constructed and installed as provided herein. However, such provisions in the Future Sanitary Sewer Easement Agreement which restrict Owner use of the easement area shall be effective immediately. D. Developer shall provide City a Conditional Dedication and Conveyance of the sanitary sewer easements as depicted on the final plat at the time the final plat is approved by the City. Such Dedication and conveyance shall become effective only after both of the following two events have occurred: 1. The City has provided written notice to each of the lot owners as provided in Section 15(A) above; and 2. The City has filed a certified copy of the Tiffin City Council resolution accepting the dedication and conveyance of the above property, either whole or in part, in the Johnson County Recorder’s Office.