Resolutions-2022-084

Prepared by and after recording return to: Matthew J. Hektoen 115 Third Street SE, Suite 1200 ( 319) 366- 7641 Simmons Perrine Moyer Bergman PLC Cedar Rapids, Iowa facsimile ( 319) 366- 1917 SECOND AMENDMENT TO SUBDIVIDER' AGREEMENT THIS SECOND AMENDMENT TO SUBDIVIDER' AGREEMENT ( this " Amendment"), is made and entered into by and between the City of Tiffin, Iowa, a municipal corporation ( the " City") and Hightower Development, Inc., an Iowa corporation (" Subdivider"). RECITALS A. WHEREAS, the City and the Subdivider are parties to that certain Andersen Addition s Subdivider'Agreement filed July 19, 2019 in Book 5931 Page 904 in the records of the Johnson County, Iowa Recorder( the Agreement"). " B. WHEREAS, the City and the Subdivider executed a First Amendment to Subdivider' s Agreement which was filed on January 24, 2022 in Book 6337, Page 209 in the records of the Johnson County, Iowa Recorder C. WHEREAS, the City and the Subdivider desire to further amend the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Second 3 of the Agreement is hereby deleted and the following is inserted in lieu thereof: SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The Subdivision shall be developed according to the plat as approved by the City and according to the plans and specifications as approved by the City. All construction plans shall be approved before the commencement of any work in accordance with the plat. There shall be no variance from the preliminary plat, or from the construction plans and