Resolutions-2017-068

shall have no obligation for the maintenance of the easement area. If the Association fails to maintain the easement area as specified in the easement agreement, the City may assess each lot in the Central Park Condominiums subdivision equally for any maintenance or repair costs in the same manner as property taxes and without further notice. 7. Developer shall obtain off-site easements acceptable to the City from Solon State Bank for storm water/drainage purposes prior to final plat approval. 8. Outlot A shall be dedicated to the City upon final plat approval. D. The Residential OPD Site Plan is attached as Exhibit B. The development shall be constructed as shown on the site plan. E. 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. F. Each unit shall have a different color siding scheme. SECTION 4. PUBLIC UTILITIES Developer and City agree that all necessary utility and or other easements from appropriate utility companies have previously been obtained for development in this subdivision. The Developer and City agree that Developer will connect and use existing public water supplies in accordance with the Tiffin Municipal Code. 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 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.