Resolutions-2022-066

not limited to, the construction and maintenance of all fences between the boundary of the subdivision and abutting land used for agricultural purposes, and entering into appropriate fence agreements prior to final plat approval, as approved by the City. F. 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 $ acre, 616. 67/ which amount is S8,71,and shall be paid prior to final plat 016. approval. G. Easement Vacation. Any easements requested to be vacated must be separately approved by City Council. Approval of the plat and this agreement does not approve the vacation of such easements. H. Traffic Light. The City and the Developer agree that a traffic light shall be installed at the intersection of N. Kimberlite and Highway 6. Developer shall design such traffic light as approved by the Iowa DOT and the City. Within three months after DOT approval, Developer shall construct and install the traffic light. Developer shall pay for the entire cost of design and 60% of the costs of construction of the traffic light. City shall pay 40% of the cost of construction of the traffic light, including parts and labor. I. Development Agreement. The City and Developer may enter into a separate Development Agreement for Lots 1, 2, 3, 4 or 5, which may provide Developer with certain Development incentives. 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 peiiiiits are issued, the Developer shall design and implement erosion control an 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 do will not affect the City to so 5