Resolutions-2026-033

b. All landscaping shall be installed and maintained perpetually by the Developer, in accordance with the landscape plan set forth in the Site Plan. If the Developer, or its assigns fails to maintain the landscaping in accordance with the approved OPD, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Site's landscaping into compliance. The costs of such action shall be assessed to the property and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. c. 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 and void without any action by the City Council. d. All OPD lots shall be detached single family. e. The main level of a building on each OPD lot shall be ADA adaptable. 3. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 4. No Effect. Except for the terms and conditions of the Subdivider's Agreement amended hereby all remaining terms and conditions remain in full force and effect. 5. PDF and Electronic Signatures. This Amendment may be signed by faxed, emailed or other electronic signatures (e.g. DocuSign) and faxed, emailed or such other electronic signatures hereon shall be deemed originals for all purposes. [Signature Page Follows]