Resolution 2026-002 – A Resolution Approving the Developer’s Agreement with Grove Park Row Homes, LLC, for the Grove Park Planned Development Overlay Site District

3. All improvements and facilities described in this Agreement shall be constructed and installed by Owner according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release Owner from its responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. These improvements and facilities include but are not limited to public water system; sanitary sewer system; storm sewer and drainage-way system; site grading; underground utilities; setting for lot and block monuments; and surveying and staking. B. Private Streets. Owner agrees that the private drives on the Site 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 Owner and its successors and assigns. Any cost incurred by the City due to the failure of Owner 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. Owner agrees that all landscaping shall be installed and maintained perpetually by Owner in accordance with the landscape plan approved for the OPD. If Owner 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. Sidewalks. Once the sidewalks as depicted on the Site Plan are installed, Owner shall maintain this sidewalk pursuant to the City Code of the City of Tiffin. The sidewalks shall be installed pursuant to the phasing plan, as shown on Exhibit A, and prior to the issuance of occupancy certificates for the building constructed in such phase. E. Public Improvements. Owner shall install all water mains, water lines, sewer mains, sewer lines, and provide utilities to the Site, according to City Design standards. “As Built” plans for water and sewer after the improvements are constructed shall be submitted and approved. Upon approval by the City Engineer and acceptance by the City of the water mains and sanitary sewer mains, the water mains sanitary sewer mains shall be owned and maintained by the City. City will have the ability to enter the Site for the purpose of reading meters and enforcing City Ordinances. F. Private Open Space. Owner and its successors and assigns shall maintain the private open space as part of Owner’s overall maintenance of all property located within the Site. Any cost incurred by the City due to the failure of Owner and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will 2