HomeMy WebLinkAboutRESOLUTION NO. 2024-83RESOLUTION NO. 2024-83
RESOLUTION APPROVING THE PRELIIVIINARY PLAT AND DEVELOPMENT
AGREEMENT FOR THE BIG CEDAR INDUSTRIAL CENTER IN TO THE CITY
OF FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Preliminary Plat for the Big Cedar Industrial Center to the City of Fairfax, Linn County,
Iowa has been submitted to the City of Fairfax by Iowa Land & Building, Co.; and
WHEREAS, a Development Agreement, by and between Iowa Land & Building, Co. and the City of
Fairfax, for said Big Cedar Industrial Center has been prepared as part of the Big Cedar Industrial Center
Preliminary Plat; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed the Preliminary Plat and Development
Agreement for said Big Cedar Industrial Center to the City of Fairfax, Linn County, Iowa, and has found said
Preliminary Plat and Development Agreement to be in accordance with the ordinances and standards of the
City of Fairfax, Iowa, and further recommends that the Fairfax City Council approve said Preliminary Plat and
Development Agreement.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the
Big Cedar Industrial Center Preliminary Plat to the City of Fairfax, Linn County, Iowa and the Development
Agreement for said Big Cedar Industrial Center Preliminary Plat are hereby acknowledged and approved on
the part of the City of Fairfax, Linn County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed and approved this 12`h day of November, 2024.
AYES: Nurre, Daly, Wozniak, Volk, and Wainwright
NAYS: None
. �I (,�`����"-- ��."��JL...,
Jo Ann Beer, Mayor
ATTEST:
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C nthia Stimson, City Clerk/Treasurer
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PRELIMINARY PLAT DEVELOPMENT AGREEMENT FOR TNE BIG CEDAR INDUSTRIAL CENTER TO THE CITY OF
FAIRFAX, LINN COUNTY, IOWA
�4
This Development Agreement (this "Agreement") is entered into this I� day of
�1)U�Nn�xf , 2024, by end between the undersigned property owner (hereinafter referred to as the
OWNER) and the City of FairFax, Linn County, lowa (hereinafter referred to as the CITY).
RECITALS
A, The OWNER is owner of the following described property:
See Attached Exhibit "A"
The OWNER proposes to develop the property that is described in Exhibit "A" into eight (8) lots for light
industrial use perthe CIN's M1 (Light Industrial) Zoning District, and the OWNER has prepared a
preliminary plat named " Big Cedar Industrial Center to the City of Fairfax, Linn County, lowa" (herein
referred to as PRELIMINARY PLAT) for this proposed development. This property is currently zoned M1,
Light Industrial. The overall property area is approximately 170 acres in size, with the proposed
development having three lots 4 to 6 acres in size, two lots that are between 14 to 15 acres, one lot that is
appraximately 23 acres, one lot that is approximately 38 acres, and one 1ot that is approximately 58 acres
in size. There is one public street, Big Cedar Court proposed as part of the PRELIMINARY PLAT to provide
access to Lots 3 through 7 in this development, as well as provide secondary access to the adjacent
property located north of the PRELIMINARY PLAT. Improvements to the existing roadways, Lefebure Road
and 76`h Avenue, wil{ need to be completed ta adequately serve this development. It will also be
necessary to extend public water main facilities and public sanitary sewer facilities to serve this
development. A sanitary sewer lift station and force main improvements will be required as part of the
public sanitary sewer facilities that will serve this development.
NOW BE IT RESOLVED, the OWNER and the CI1Y hereby agree as follows:
(SANITARY SEWER FACILITIES)
1. As Lots 1 and 2 develop, the OWNER shall be responsible for designing and constructing the public
sanitary sewer extension project south along Lefebure Road to serve these two Lots.
The OWNER shaN pay the CITY the applicable sanitary sewer connecfion fees for the 2021 Sanitary Sewer
and Water Main Extension Project {per CITY RESOLUTION NO. 2022-94) for Lots 1 and 2,
The OWNER shall be responsible for all costs associated with the design and construction of this sanitary
sewer extension project south along Lefebure Raad necessary to serve Lots 1 and 2. The CITY shall
reimburse the OWNER through TIF reimbursement forthe construction costs of this sanitary sewer
extension project, less the OWNER's sanitary sewer connection fees for the 2021 Sanitary Sewer and
Water Main Extension Project, and also less the OWNER's sanitary sewer connection fees as established
for this sanitary sewer extension project south alang Lefebure Road. The OWNER's sanitary sewer
connection fees for this sanitary sewer extension project south along Lefebure Road shall be equivalent to
ratio of the area of the OWNER's Lot 1(approximately 14.97 acres} and Lot 2(approximately 14.16 acres)
each, over the entire planned drainage basin that is anticipated to be served by this sanitary sewer
extension south along Lefebure Road less the areas of the Lefebure Road and 76`h Avenue rights-of-way
that are located within this planned drainage basin (approximately 17z acres).
2. As any portion of Lot 3, lot 4, Lot 5, Lot 6, Lot 7, �r Lot 8 develops, or the undeveloped portion of the
Logisfics Park Cedar Rapids, LLC property develops, Public 5anitary Sewer Facilities required to service
these parcels will need to be designed and constructed on this property, as well as on the adjacent
L.ogistics Park Cedar Rapids, LLC property. These Public Sanitary Sewer Facilities shall include the sanitary
sewer lift station and necessary items to support this tift station; the sanitary sewer force main running
west from the lift station to the existing sanitary sewer facilities located in the northwest corner of the
Travero site, which is located on the westerly portion of the Logistics Park Cedar Rapids, �LC property; the
sanitary sewer gravity main running sauth along the creek from the lift station to 76th Avenue; access to
the lift station; and public water main facilities extended to the lift station. Lateral sanitary sewer gravity
mains extending off the north—south sanitary sewer gravity main located along the creek, such as those
shown on the PRELIMINARY PLAT extending to serve Lots 3 and 8, shall not be part of this Project.
The CITY shall design and construct this Public Sanitary Sewer Facilities Project at the time that
development occurs on any portion of Lots 3 through 8 ofthis PRELIMINARY PLAT, or on the undeveloped
portion of the Logisfics Park Cedar Rapids, LLC property, whichever nccurs first. This Public Sanitary 5ewer
Facilities project shall be designed and constructed as one project. This project shall not be broken out as
separate projects.
The OWNER shal) pay the CITY the applicable sanitary sewer connection fees for the 2021 Sanitary Sewer
and Water Main Extension Project (per CITY RESt7LUTION NO. 2022-94) for all Lots 3 through $. The
OWNER shall pay this sanitary sewer connection fee at the time the CITY enters into an engineering
services agreement to design and publicly bid this Public Sanitary Sewer Facilifies Project.
The OWNER shall also pay the CI'tY a one-time sanitary sewer connection fee for this Public Sanitary Sewer
Facilities Project. This sanitary sewer connection fee shall be based upon the CITY's entire project costs to
design and construct these Public Sanitary Sewer Facilities, including but not limited to engineering and
legal services, administrative and financial services, and miscellaneous project related costs. This Sanitary
Sewer Connecfion Fee shall be broken down as follows:
a. The east�-west sanitary sewer force main and related improvements: The initial sanitary sewer
force main is not anticipated to serve the entire sanitary sewer drainage basin that this lift stafion
will serve. It is anticipated that this sanitary sewer force main will have to be added to and/or
increased in size as development occurs south of this PRE�IMINARY PLAT. The OWNER and
Logistics Park Cedar Rapids, LlC shall be responsible for 50% of the sanitary sewer force main and
related improvement costs. Of this 50%, the OWNER's connection fee shall be equivalent to the
ratio of the area of Lots 3 through 8, including the Big Cedar Court R.O.W. and the 76`h Avenue
half-street R.O.W, adjacent to Lots 3, 4, and 8, over the total area of said Lots 3 through 8 and
associated R.O.W. (approximately 138.Q0 acres) and the Logisdcs Park Cedar Rapids, LLC property
(approximately 52.03 acres). The OWNER shall not be responsible for costs related to additional
sanitary sewer force main improvements necessary to serve future development south of this
PRELIMINARY PALT.
b. The sanitary sewer lift station, the necessary items to support the lift statian, the access drive to
the lift station, the water main facilities extended to the lift station, and related improvements:
The OWNER's connection fee shall be equivalent to the ratio of the area of Lots 3 through 8,
intiuding the Sig Cedar Court R.O.W. and the 76"' Avenue half-street R.O.W. adjacent to Lots 3, 4,
and 8(approximately 138.00 acres) over the entire planned sanitary sewer drainage basin that is
served by this lift station (approximately 813 acres).
c. The north—south sanitary sewer gravity main: The OWNER's connection fee shall be equivalent to
the ratio of the area of Lots 3 through 8, including the Big Cedar Court R.O.W. and the 76`h Avenue
half-street R.O.W. adjacent to Lots 3, 4, and 8(approximately 138.00 acres) overthe entire
planned sanitary sewer drainage basin that is served by this lift station less the Logisfics Park
Cedar Rapids, LLC property (approximately 760.97 acres).
The OWNER shall pay the CITY 75% of the sanitary sewer connection fee far all Lots 3 through 8 for the
design and construction of this Public Sanitary Sewer Facilities Project at the time the C1N awards the
construction contract for this project. The OWNER shall pay the CITY the remaining bafance of the
sanitary sewer connection fee for all Lots 3 through 8 for this Public Sanitary 5ewer Facilities Project at the
time this construction project is completed, and the CITY has accepted these public improvements.
(WATER MAIN FACILITIES)
3. As Lots 1 and 2 develop, the OWNER shall be responsible for designing and constructing ex�te� the public
water main facilifies along Lefebure Road and 76"' Avenue to the south/east property line of these lots to
serve these two lots.
The OWNER shall be responsible for all costs associated with the design and construction of these water
main facilities. The CITY shall reimburse the OWNER through TIF reimbursement for 50% of the
construction costs of the water main facilifies installed along Lefebure Road and 76th Avenue for the future
developments along the west side of Lefebure Road and the south side of i6`h Avenue that is adjacent to
these water main facilities.
4. As development occurs on any portion of Lot 3, Lot 4, Lot 5, Lot 6, Lot 7, or Lot 8, the OWNER shall be
respansible for designing, constructing, establishing, and dedicating the appropriate easements and ROW
necessary for extending the public water main facilities along 76"' Avenue and through this property along
Big Cedar Court to the shared property line with the Logistics Park Cedar Rapids, LLC property. If existing
public water main facilities are located along the south side of the Logistics Park Cedar Rapids, LLC
property adjacent to Big Cedar Court at the time that these water main facilities are extended, The
OWNER shall be responsible far connecting the public water main into the existing water main facilities.
The OWNER shall be responsibfe for all costs associated with the design and construction of these water
main faciEities. The CIIY shall reimburse the OWNER through TIF reimbursement for 50% of the
construction costs of the water main facilities installed along 76th Avenue for the future development
along the south side of 7b'h Avenue that is adjacent to these water main facilities.
If Lot S is split into more than one lot, then the OWNER shall be responsible for extending the public water
main facilities through these lots, connecting to the public water main located along 76th Avenue east of
the creek and connecting to the public water main loca#ed in or near the Big Cedar Court cul-de-sac.
( EASE M E NTS)
6. The OWNER shall provide all easements necessary to service this PRELIMINARY PLAT, at no cost to the
CITY. These easements shall include, but are not limited to sanitary sewer facilities, water main facilities,
storm sewer and storm water drainage facilities, utilities, overhead electric facilities, access, etc. The
OWNER shall be responsibie for preparing and recording all easement documents.
(STORMWATER MANAGEMENT)
7. The OWNER shall be responsible for installing, maintaining, repairing and reconstructing Private Storm
Water Management facilities on each iot (Lots 1-8).
S. As part of the storm water management facilities on Lots 3, 4, 5, 6, and 7, the OWNER shall be responsibie
for designing and mitigating (on their Lot) the additional s#orm water run-ofF that is created from the
development of the Big Cedar Court for the portion of this roadway that is adjacent to each of these Lots.
That Prior to the Issuance of a Temporary or Final Certificate of Occupancy for the lots located within or
adjacent to the 100-year flood plain boundary, the OWNER shall provide certification by a civil engineer
licensed in the State of lowa verifying that the building structure on this property is at least 1.0 feet above
the 100-year flood plain elevation at this locafion. The OWNER shall provide the 100-year flood plain
elevation established by a civil engineer licensed in the State of lowa.
jROADWAY IMPROVEMENTS / SITE ACCESS)
10. If Lot 8 is split into more than one lot, a second access location shall be provided for these lots.
11. The OWNER shall provide a Traffic Impact Study for this PRELIMINARY PLAT. As lots within this
PRELIMINARY PLAT develop, the OWNER shall update the Traffic Impact Study to account for the current
development in and surrounding the PRELIMINARY PLA7 at that time, as well as the proposed site that is
being developed on the lot within this PRELIMINARY PLAT.
(BIG CEDAR COURT)
12. As development occurs on any portion of lot 3, Lot 4, Lot 5, �ot 6, Lot 7, or Lot 8, the OWNER shall be
responsible for the design and construction of Big Cedar Court, as well as establishing and dedicating the
appropriate easements and ROW for Big Cedar Court to the CITY upon complefion and acceptance by the
CITY of the public improvements. The OWNER shall install the streetlights as part of the design and
construction of Big Cedar Court. The Big Cedar Court roadway and Public Street right-of-way shall be
designed and constructed as one project and shall be extended to the shared property line with the
Logistic Park Cedar Rapids, LLC property so that Logistics Park Cedar Rapids, LLC can extend their east-west
private drive to access Big Cedar Court.
The OWNER shall be responsible for all costs associated with the design, construction, platting and Right-
of-Way dedication of Big Cedar Court.
13. As part of the design, canstruction and estab(ishment of Big Cedar Court, the OWNER shall be responsible
for running and submitting the necessary truck turning movements for Industrial truck trafFic at the
intersecfion of Big Cedar Court and 76th Ave. to establish the necessary radii, compound curves, and/or
tapers (including angled ROW) to accommodate the industrial truck traffic at this intersection.
14. lot 3 and Lot 6 shall not have direct access to the cul-de-sac portion of Big Cedar Court.
15. As Lots 3, 4, 5, 6, and 7 develop, the OWNER shall install 5' wide PCC sidewalk along Big Cedar Court
adjacent to the,ir Lot. The OWNER shall be responsible for maintaining, repairing and reconstructing the
sidewalk along Big Cedar Court adjacent to their Lot.
(76T" AVENUE)
16. Access to 76`h Avenue shall be restricted to a minimum spacing of 300' between all streets andJor
industrial/comrnercial entrances.
17. Lot 4 shall not have direct access to 76th Avenue.
18. The OWNER shall dedicate 17 feet of public street right-of-way along 76th Avenue to the CITY to establish a
total of 50 feet half-street right-of-way width along the north side of 76`h Avenue.
19. As Lots 1, 3, 4, and 8 develop, the OWNER shall install 5' wide PCC sidewalk and the appropriate street
lighting along 76th Avenue adjacent to their Lot. The OWNER shall be responsible for maintaining,
repairing and reconstructing the sidewalk along 76th Avenue adjacent to their Lot.
20, The CITY has plans far a trail along 76`h Avenue. The location of this trail (the north or south side of 76cn
Avenue), the width of this trail, and the timing forthe installation of this trail have not been determined
yet. If this trail is installed along the north side of 76th Avenue adjacent to this PRELIMINARY PLAT, the
OWNER shall be responsible for the costs associated to construct, repair, and reconstruct a 5' wide portion
of this trail. The CITY shall be responsible for constructing, repairing, and reconstrucfing the remaining
width of this trail, as well as maintaining the full width of the trail.
21. The CITY shall design and construct 76`h Avenue as a three lane urban roadway with a center two-way left-
turn lane. 76th Avenue shall be 41' in width from back of curb to back of curb, and this roadway shall he
improved from Lefebure Road to the east boundary of the PRELIMINARY PLAT, which is also the CITY's
corporate limits. Construction of 76`h Avenue is planned for 2026. For construcdon in 2026, the OWNER's
participation in the 76`h Avenue improvements shall be $360,000. If the 76`h Avenue improvements are
not begun and mostly completed in 2026, then the OWNER's participation in the 76th Avenue
improvements shall increase at a rate of 5% per year. The OWNER shall pay the CITY 50% of their
participation in the 76`h Avenue roadway improvements at the time the CITY enters into an engineering
services agreement to design and publicly bid this project; and 50% of their participation at the fime the
City awards the contract for construction of the 76th Avenue roadway improvements project.
{LEFEBURE ROAD)
22. As Lot 1 and Lot 2 develop, the OWNER shall install 5' wide PCC sidewalk and the appropriate street
lighting adjacent to these Lots along Lefebure Road. The OWNER shall be responsible for maintaining,
repairing and reconstructing the sidewalk along Lefebure Road adjacent to their lot.
23. The CITY shal{ design and construct the North Bound Right Turn Lane along Lefebure Road onto 76`"
Avenue in conjunction with the 76`�' Avenue urban roadway improvement praject (see ltem No. 21 above,
and the attached Lefebure Road Turning �anes Exhibit). Construction of the Narth Bound Right Turn Lane
along Lefebure Road onto 76`h Avenue is planned for 2026. For construction in 2026, the OWNER's
participation in the these turn lane improvements shall be $60,000. If the North Bound Right Turn Lane
along Lefebure Road onto 76th Avenue improvements are not begun and mostly completed in 2026, then
the OWNER's participation in these improvements shall increase at a rate of 5% per year. The �WNER
shall pay the CIN 50% of their participation in the North Bound Right Turn Lane along Lefebure Road onto
76th Avenue improvements at the time the CITY enters into an engineering services agreement to design
and publicly bid this project; and SO% of their participation at the time the City awards the contract for
construction of the North Bound Right Turn Lane along Lefebure Road onto 76`" Avenue improvements
project.
24. The City shall design and construct the South Bound Left Turn Lane along Lefebure Road onto 76`h Avenue
in conjunction with development on any portion of Lot 1 or Lot 2, along with development on any portion
of two of the remaining 6 lots (Lots 3-8); (see the attached Lefebure Road Turning Lanes Exhibit).
Construction of the South Bound Left Turn Lane along Lefebure Road onto 76`h Avenue is anticipated to be
completed sometime around 2030 to 2033, depending upan development in the Big Cedar fndustrial
Center and the surrounding area. The OWNER shall participate in these improvements at �5% of the
CITY's entire costs to design and construct these roadway improvements, including but not (imited to
engineering and lega) services, administradve and financial services, and miscellaneous project related
costs. The OWNER shall pay the CITY 75% of their participation amount at the time the CITY awards the
contract for construction of the South Bound Left Turn Lane along Lefebure Road onto 76th Avenue
improvements project. The OWNER shall pay the CITY the remaining participation balance at the time the
construction project is completed, and the CIIY has accepted these public improvements.
25. The City shall design and construct the addition of a Third Lane Along Lefebure Road between E.
Southview Road and 76t'' Avenue (added to the west side of Lefebure Road to establish a center two-way
left-turn lane — see the attached Lefebure Road Turning Lanes Exhibit). It is anticipated that these
improvements will likely occur with development along the west side of Lefebure Road, which is roughly
anticipated to be sometime around 2035 to 2045. The CIlY's entire costs to design and construct these
roadway improvements, including but not limited to engineering and legal services, administrative and
financial services, and miscellaneous project related costs shall be distributed over the entire length of this
project along Lefebure Road to establish a Frontage Cost along Lefebure Road. The OWNER of Lot 2 shall
pay the CITY �5% of this Frontage Cost for the entire length of Lot 2 located adjacent to �efebure Road.
The OWNER of Lot 2 shall pay the CITY 75% of their participation amount at the time the CITY awards the
contract far construction of the Third Lane Along Lefebure Road between E. Southview Road and 76`n
Avenue improvements project. The OWNER of Lot 2 shall pay the CITYthe remaining participation
balance at the time the construcfion project is completed, and the CITY has accepted these public
improvements.
(MISCELLANEOUS)
26. The OWNER shall develop this subdivision in compliance with the provisions of the CITY's Flood Plain
Regulations (Chapter 160 of the CITY's Code of Ordinances), the CITY's 5ubdivision 12egulations (Chapter
166}, the SUDAS Design Standards and Specifications, and the CITY's supplementa) Design Standards and
Specifications to 5UDAS.
27. The OWNER agrees to indemnify and hold harmless the CITY for damages or claims for damages that may
arise or accrue as a result of CITY Councii approval of this Agreement.
28. This Agreement shall be binding upan the parties hereto and their heirs, successors, and assigns, and the
sale by the OWNER of all or any portion of this prnperty, shall transfer obligafions of the OWNER to the
successor in interest.
29. If enforcement of this Agreement goes to court, the prevailing party may recover attorney's fees from the
other party.
t
Dated: �.�C:�l�'l ��'�- �� , 2024
IOWA LAND & BUIIDING, O.
��o
Heath r Dee, Manager, Real Estate & ROW
STATE OF IOWA, COUNTY OF LINN)
This instrument was acknawl�dged before m� nn this ���� d�y of `°`► l�t��C>.�'�,}"";�'��
2024 by Heather Dee, Manager, Real Estate & ROW for lowa Land & Building, Co.
,A,"c.,,MARY J Mt7PlTCsOMERY
_ = Notarial Seai • IOWA
�q��A Commission No. 784124
My Commission Expires May 16, 24��
� t
Notary P dic in and for t e St te f lowa
Dated: ��'�-� , 2024
CITY OF FAIRFAX, iOWA
��7 (-(/n.�r"�-- /��'�'
Jo Ann Beer, Mayor
STATE OF IOWA, COUNTY OF �INN)
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This instrument was acknowledged before me on this ,�� day of�m �l� ���� -� �
2024 by .fo Ann Beer, Mayor of the City of Fairfax, lowa.
�PR1A�S�, TIPl,4 FiOS�i(�ANS
Z � Commission Number 816955
My Commission Expires
'OWP May 14, 2025
Notary Public in and for the State of lowa
EXHIBIT "A"
THE SOUTH HALF OF THE SOUTHWEST 1/4 AND THE WEST HALF OF THE SOUTHEAST
1/4 AND THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 LYING
SOUTHERLY OF THE CEDAR RAPIDS & IOWA CITY RAILWAY COMPANY RIGHT-OF-WAY,
ALL LOCATED IN SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST, FAIRFAX, LINN
COUNTY, IOWA SUBJECT TO ROADS AND HIGHWAYS.
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•fl �� PRELIMINARY PLAT � '�
� i� BIG CEDAR INDUSTRIAL CENTER ,��-
N Z . _.�
D TO THE GTY OF FAIRFAX, LINN COUNTY, tOWA _ _ [� o
W < IOWA LAND & DEVELOPMENT �� . , - � �� - �' N —i