Resolutions-2026-039

Prepared by/Return to: Matthew J. Hektoen, Simmons Perrine, PLC, 115 Third Street SE, Suite 1200, Cedar Rapids, Iowa 52401, (319) 366- 7641 PLANNED DEVELOPMENT OVERLAY ( OPD) SITE .DISTRICT AGREEMENT PARK PLACE CITY CENTER - PART ONE, PHASE FOUR • THIS AGREEMENT, made by and between the CITY OF TIFFIN, IOWA, a municipal corporation, hereinafter referred to as " City," and ANDERSEN DEVELOPMENT INC., an Iowa corporation hereinafter referred to as the " Subdivider." SECTION I. REQUEST FOR OPD APPROVAL The Subdivider has requested that the City approve the Planned Development Overlay — Site District ( the " OPD"), to include those diagrams attached hereto as Exhibit " B" and incorporated herein by reference, for the proposed subdivision to be known as Park Place City Center — Part One, Phase Four, Tiffin, Iowa ( referred to herein as the " flat")for an OPD area for the following described real estate situated in Tiffin, Johnson County, Iowa ( the " Site"),to wit: See Exhibit " A" As part of this request, the Subdivider acknowledges D. ERS, LLC, an Iowa limited liability company (" Owner' "),and TAT, LLC, an Iowa limited liability company (" Owner 2"and together with Owner 1, "Owner") own the real estate described on Exhibit A. SECTION 2. CONDITIONS OF OPD APPROVAL AND RIGHT TO PROCEED A. The City shall approve the OPD with respect to the Site upon the conditions that: 1. The Subdivider agrees that all terms and conditions of the Planned Development Overlay Concept District ( OPD) and Subdivider' s Agreement for Park Place City Center recorded in Book 5926, Page 602 on July 8, 2019 in the Records of the Johnson County Recorder, executed by the City and the Subdivider, is fully incorporated herein and applies to the real estate described in Section ' 1 and remains a lien against the property described in Section 1, 1