Resolutions-2022-088

2. The Site shall be developed according to the OPD as approved by the City and according to the plans and specifications as approved by the City. There shall be no variance from the approved OPD plan, or from the construction plans and specifications, unless approved in writing by the City. 3. " As Built"plans for water and sewer after the improvements are constructed shall be submitted and approved. B.Private Streets. The Subdivider agrees that Ropp Way, Madden Drive and Mitchell Place are private streets and shall be constructed according to the Design Standards adopted by the City, which will be shown on the construction plans, to be approved by the City Engineer. The private streets shall be installed and maintained by the Subdivider and its successors and assigns. Any cost incurred by the City due to the failure of Subdivider and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. C. Landscaping. The Subdivider agrees that all landscaping shall be installed and maintained perpetually by the Subdivider in accordance with the landscape plan approved for the OPD. If the Subdivider or its assigns should fail to maintain the Landscaping in accordance with the approved Landscaping Plan, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Development' s landscaping into compliance with its Landscaping Plan. The costs of such action shall be assessed to the property owner and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. D. Once the sidewalk is installed along Legends Drive, which abuts the Site to the north,the Madden Village Condominiums Homeowners Association, or the OPD homeowner' s association, shall maintain this sidewalk pursuant to the City Code of the City of Tiffin. E.The Subdivider shall install all water mains, water lines, sewer mains and sewer lines within the subdivision, according to City Design standards. Upon acceptance by the City of the water mains and sewer mains by resolution, the water mains and sewer mains shall be owned and maintained by the City. City will have the ability to enter the OPD for the purpose of reading meters and enforcing City Ordinances. F. Private Open Space. The Subdivider and its successors and assigns shall maintain the private open space as part of Subdivider' s overall maintenance of all property located within the OPD. Any cost incurred by the City due to the failure of Subdivider and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. SECTION 3. TIME OF PERFORMANCE Construction of the public improvements must commence within two ( 2)years from the date of City approval of OPD Site District, or the approval of the OPD Site District shall be null 2