Resolutions-2017-044

I. Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer main located south of Highway 6 will have to be upgraded by City in order to meet the demands of the subdivision, and other property in the area. The cost due from the Developer for this upgrade is $616.67/acre, for a total of $14,269.74, which shall be paid prior to final plat approval. 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. 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 resceded 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 both. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the 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 the Developer and approved by the City. Within ninety (90) days after the completion of any grading, the 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. PHASED DEVELOPMENT If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of Park Place Part Three if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases of Park Place Part Three will not be allowed to proceed until Developer's Agreements for such phases are approved by the City.