Resolutions-2017-128

THIS INSTRUMENT PREPARED BY/ RETURN TO: Joseph C.Judge, Lane & Waterman LLP, 220N.Main St. #600, Davenport, IA52801; (563) 324-3246 DEVELOPER’SAGREEMENT THIS AGREEMENT, made byandbetween theCity ofTiffin, Iowa, amunicipal corporation, hereinafter referred toas “City,” and TPV Commercial, LLC, anIowa limited liability company, hereinafter referred toas “Developer.,” and Willow Creek, LC, anIowa limited liability company, andMelvin R.Reed, asingle person, collectively hereinafter referred toas “Owner.” Developer willbeacquiring theSubdivision from Owner. Theobligations under this Agreement shall runwith theland. Upon Owner transferring title oftheSubdivision, Developer shall assume allofOwner’sobligations under thisAgreement andOwner shall be released from anyandallliability orobligations under thisAgreement. SECTION 1.REQUEST FOR PLAT APPROVAL Developer hasrequested that theCity approve thepreliminary plat, attached hereto as Exhibit Aand incorporated herein byreference, foraproposed subdivision known asPrairie Village Commercial Development (referred toherein asthe “plat”) fortherealestate described onExhibit B, situated inTiffin, Johnson County, Iowa. Aspart ofthis request, Owner Developer acknowledges Willow Creek, LCand Melvin R.Reeve (“Owners”) fullownership ofown thereal estate described onExhibit B,except for those portions owned bytheCity. SECTION 2.CONDITIONS OFPLAT APPROVAL AND RIGHT TOPROCEED A. The City shall approve thepreliminary plat ofthis subdivision upon the conditions that: 1. The final plat(s)willconform tothepreliminary plat; 2. The construction plans willbesubmitted andapproved; 3. Except forpublic sidewalks asset forth inSection 3(C)(4),theThe public improvements foreach Phase will beconstructed inaccordance with approved construction plans and accepted bytheCityor,intheevent theDeveloper requests and theCity agrees tothe construction ofthepublic improvements afterfinal plat approval foreach Phase, theDeveloper hascomplied with the security requirements setforth in