Resolutions-2025-043

D. s Obligations. Nothing in this Agreement shall be construed Subdivider' to impose a requirement on the City to install the original public improvements at issue herein,nor shall the Subdivider be deemed to be s agent during the acting as the City' original construction and installation improvements. The parties agree that the obligation to install of the above -described the above described public improvements herein shall be in accordance with the plans and specifications drafted by the Subdivider and subject to the approval of the City. Furthermore, the obligations shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. E. Outlot A. The retaining wall and sidewalk shown on the preliminary slat shall be installed on Outlot A prior to -City accepting title to Outlot A. Outlot A must be in good, suitable condition and acceptable to the City at the time of dedication. SECTION 4. PUBLIC UTILITIES A. General. The Subdivider agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. The Subdivider agrees that it will, provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Subdivider agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the Subdivider will provide a plan outlining the drainage of the Subdivision and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5.EROSION CONTROL AND GRADING A. Erosion Control. Before utility construction is commenced or building any permits are issued, the Subdivider design and implement an erosion control plan which shall shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the in controlling essence erosion, and, if the Subdivider does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Subdivider or the property, or both. The City will endeavor to notify the Subdivider in advance of any proposed action, but failure of the City to do so will not affect the s and City' Subdivider' s rights or obligations hereunder. B. Grading. Within ninety ( 90) days after the completion of any grading, the Subdivider shall provide the City with an " as - constructed" grading plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any,have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT A. contemplates that the development of the Subdivision General. The Subdivider will be completed in multiple parts as dictated by market conditions. The City shall have 4