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

SECTION 7. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. Owner shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of improvements in the OPD which have been prepared by a registered professional civil engineer. Owner shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, Owner shall have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained. B. Owner shall pay all reasonable costs of City engineering administration, which will include review of Owner 's final construction plans and specifications, monitoring of construction, and consultation with Owner and its engineer on the status, progress or other issues regarding the project. Owner shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of proposed public utilities, street construction and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by Owner shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by Owner. SECTION 8. RELEASE The City agrees that when the improvements, facilities and sidewalks required by Section 2 of this Agreement have been installed to the satisfaction of the City, and upon receipt of payment for all engineering costs pursuant to section 7(B), it will promptly issue appropriate releases of the lot for recording in the Johnson County Recorder's Office so that this Agreement, or applicable portions thereof, will no longer constitute a cloud on the title of the lots in said OPD. SECTION 9. OWNER'S OBLIGATION AND DEFAULT A. Owner agrees and is fully obligated to perform as provided in this Agreement. Owner is liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of Owner, its employees, agents or assigns, to perform is not a defense for Owner against any action to be taken by the City. B. In the event of default by Owner regarding any work to be performed by Owner under this Agreement, the City may, at its option, perform the work and bill Owner for said work. Owner shall promptly reimburse the City for any expense incurred by the City, provided Owner, except in an emergency as determined by the City, is first given written notice of the work in default, and has not commenced the appropriate curative action and continues to diligently pursue the same to completion, within fourteen (14) days of such notice. This Agreement is an authorization for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter upon the property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against all of the property located in the OPD. 6