Resolutions-2023-082

Prepared by and after recording return to: Matthew J.Adam 1100 5th Street, Suite 205 ( 319) 354- 1019 Simmons Perrine Moyer Bergman PLC Coralville, IA 52241 FAX ( 319) 354- 1760 DAYTONA ESTATES OPD/ DEVELOPER' S AGREEMENT THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal corporation hereinafter referred to as " City"),Iowa Development Group, Inc. (herein after referred to as " Developer"), and PatrickHammes, Trustee of the Patrick Hammes Trust, Margaret Rogers, Trustee of the Margaret Rogers Trust and Kaiser Holdings, LLC ( as " Owners"), . SECTION 1. REQUEST FOR OPD AND PLAT APPROVAL Developer is the fee simple titleholder of the following described real estate located in Tiffin, Johnson County, Iowa, to wit: See Exhibit A (" Real Estate") Developer has requested that the City approve the Planned Development Overlay (" OPD") Site Plan ( the Site Plan"), and the Preliminary Plat for Daytona Estates, Tiffin, Johnson County, Iowa ( the Preliminary Plat"), which are attached hereto as Exhibit " B",the Real Estate. The OPD and Preliminary Plat area collectively referred to as the " Development." SECTION 2. CONDITIONS OF OPD APPROVAL AND RIGHT TO PROCEED A. The City shall approve the Site Plan upon the conditions that: 1. The final plat will conform with the Preliminary Plat; 2. The construction plans for the public improvements will be submitted and approved by the City Engineer; 3. The public improvements will be constructed in accordance with approved construction plans and accepted by the City or, in the event the Developer requests and the