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Home My WebLink AboutRESOLUTION NO. 2023-32RESOLUTION NO. 2023-32 RESOLUTION APPROVING THE SITE PLAN DEVELOPMENT AGREEMENT FOR THE NOVAK ELECTRIC SITE IMPROVEMENTS BY NOVAK PROPERTIES, LLC IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Site Plan Development Agreement for the proposed Novak Electric Site located on Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Novak Properties, LLC; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Site Plan Development Agreement for the proposed Novak Electric Site and recommends that the City Council approves said Development Agreement for the proposed Novak Electric Site on Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, Iowa. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Site Plan Development Agreement for the proposed Novak Electric Site on Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, Iowa, 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 Pro Tempore and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 21 St day of March, 2023. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None a . Marianne Wai ight, Mayor Pro Tempore ATTEST: ,�� G. Cy thia Stimson, City Clerk/Treasurer ,. , .��,� . . ,�., NOVAK ELECTRIC SITE PLAN DEVELOPMENT AGREEMENT (CITY RESOLUTION NO. 2023- � � ) This Development Agreement (this "Agreement") is entered into this �� day of "�1.c:��"� � , 2023, by and between the undersigned property owner (hereinafter referred to as the DEVELOPER) and the City of Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITALS A. The DEVELOPER is owner of the following described property: Lot 3, Karal's Second Addition to the City of Fairfax, linn Gounty, lowa B. The DEVELOPER proposes to complete site improvements on a Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, lowa, and has prepared a site plan of improvements (herein referred to the SITE PLAN) for this proposed development. The CITY approved Site Plan is Dated March 8, 2023. This property is currently zoned C2 (Highway Commercial) and the proposed development is consistent with this zoning. The overall property area is 1.53 acres in size. This development consists of business office and commercial storage, along with associated parking, private sanitary sewer and water main service facilities, private storm sewer / storm water drainage facilities, and private storm water management / water quality facilities. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: (BUILDING PERMITS) All improvements associated with this SITE PLAN shall be completed per SUDAS and the CITY's Supplemental Design Standards and Specifications to SUDAS, as well as all applicable CITY Codes & Ordinances. 2. PRIOR TO THE ISSUANCE OF A GRADING PERMIT FOR THESE SITE tMPROVEMENTS, the DEVELOPER shall provide the CITY with a copy of the lowa DNR NPDES Permit Authorization under General Permit No. 2. (OCCUPANCY PERMITS) 1. PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for this SITE PLAN, the DEVELOPER shall provide the following to the CITY: a. Certification by a civil engineer licensed in the State of lowa verifying that the private storm sewer facilities, private storm water drainage facilities, and the private storm water management / private storm water quality facilities located on this property have been constructed per the CITY approved Site Plan of Improvements and Drainage Report. b. Record with the Linn County, lowa Recorders office the Access Easement and the Sanitary Sewer & Water Main Facilities Easement, both of which are shown on this SITE PLAN. The Easement Agreements and Exhibit shall be reviewed and approved by the CITY prior to the DEVELOPER recording these easement documents. Install a minimum of 4" of topsoil on all areas of this property that are disturbed by construction activities and that are not covered with buildings, pavements, granular surfacing, or permanent water. d. Complete site seeding in all area that are not paved or covered with buildings, granular surfacing, or permanent water. e. Install the required screening / buffering landscaping and parking lot trees. (EASEMENTS) 1. The DEVELOPER shall own and maintain the property located within the Sanitary Sewer & Water Main Facilities Easement located on this SITE PLAN. The DEVELOPER agrees not to restrict the CITY'S use of this easements for the purpose of accessing, maintaining, repairing, and replacing the sanitary sewer and water main facilities located within this easement. 2. The southerly east — west drive located on this SITE PLAN shall be a shared private drive with public access, and shall be privately owned, maintained, repaired and replaced by the DEVELOPER and the Owner of Lot 4, Karal's Second Addition to the City of Fairfax, Linn County, lowa. This drive is protected with an Access Easement for both Lot 3 and Lot 4 of Karal's Second Addition to the City of Fairfax, Linn County, lowa. (SANITARY SEWER & WATER MAIN) 1. The DEVELOPER shall own, maintain, repair and replace the sanitary sewer service frpm the DEVELOPER's building to the point that the sanitary sewer service connects into the public sanitary sewer facilities that run north — south within the 25' Sanitary Sewer and Water Main Easement located along the east side of this SITE. The DEVELOPER shall coordinate with and obtain CITY staff approval prior to accessing the public sanitary sewer facilities for the installation, maintenance, repair and/or replacement of this private sanitary sewer service. The DEVELOPER shall own, maintain, repair and replace the water service from the DEVELOPER's building to the point that the water service connects into the public water main facilities that run north — south within the 25' Sanitary Sewer and Water Main Easement located along the east side of this SITE. The DEVELOPER shall coordinate with and obtain CITY staff approval prior to accessing the public water main facilities for the installation, maintenance, repair and/or replacement of this private water service. (MISCELLANEOUS) 1. The DEVELOPER agrees to maintain a Roadway Reservation along the north and east sides of this SITE for the future roadway improvements along Highway 151(lowa DOT), 80th Street (CITY), and the intersection of these two roadways. This Roadway Reservation shall be as follows: a. The Roadway Reservation on this SITE shall be 15' along the north property line adjacent to Hwy 151, 17' along the east property line adjacent to SOth Street, and squared off at the north corner of this property, adjacent to the intersection of Hwy 151 & 80t'' Street. See the approved SITE PLAN, dated Mach 8, 2023 for the dimensions of this Roadway Reservation. b. The area within the Roadway Reservation lines and the existing rights-of-way lines of Highway 151 and 80th Street shall remain unimproved until future roadway, intersection, and related roadway Improvements adjacent to this SITE have been completed. Such roadway and intersection improvements may include, but are not limited to, the following items: traffic signals; traffic circle (round about); lane separated turn lanes; addition of turn lanes; grade improvements, drainage improvements, utilities improvements and / or realignments, etc. c. If the DEVELOPER improves all, or any portion of this roadway reservation area prior to the Highway 151 and / or 80th Street roadway and / or intersection improvements adjacent to this SITE, then these improvements may be removed at the DEVELOPER's cost, and the DEVELOPER shall not be compensated for the removal of said improvements. d. As necessary, a portion to all of the area within the Roadway Reservation may be dedicated to the CITY and / or the State of lowa for the public right-of-way (R.O.W.) for the purpose of roadway and associated improvements. e. The CITY shall compensate the DEVELOPER for Any portion of the roadway reservation along 80tn Street that is dedicated to the CITY for future street right-of-way. The CITY shall compensate the DEVELOPER for all right-of-way that may be dedicated to the CITY adjacent to 80th Street at the Linn County Appraised value of this property at the time that this Right-of-Way is dedicated to the City. f. If a portion of the roadway reservation along Highway 151 is acquired / dedicated to the lowa DOT as right-of-way, and the corner side yard setback between the existing building and the new Highway 151 right-of-way is less than the required 25 feet, then the CITY shall allow for an exception / variance for the existing building's corner side yard setback requirements. g. The roadway reservation for this SITE shall be terminated upon the completion of the next Highway 151, 80t" Street, and intersection improvements adjacent to this SITE that are completed for the purpose of addressing safety and / or traffic volume issues. 2. The detention basins (No. 1& No. 2) as shown on the CITY approved SITE PLAfV shall be privately owned and maintained by the DEVELOPER. These two detention basins sha►I be maintained to meet the design standards of the CITY approved Site Plan of Improvements and the CITY approved Drainage Report for this development. 3. Direct access from Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, lowa to Highway 151 shall Not be permitted. 4. Direct access from Lot 3, Karal's Second Addition to the City of Fairfax, Linn County, lowa to 80tn Street shall be restricted to the shared access with Lot 4, Karal's Second Addition to the City of Fairfax, Linn County, lowa, which is located along the south property line of said Lot 3. 5. Any proposed building(s), storage & signage located north of the proposed building and parking lot as proposed with the approved Site Plan dated March 8, 2023 will need to be reviewed for site distance impacts at the intersection of Highway 151 and 80t" Street prior to CITY's consideration of these improvements / uses. 6. The DEVELOPER shall maintain all landscaping and trees on this property such that all dead trees, shrubs, and plants are removed and replaced with similar species or approved equals, and such that the screening / buffering landscaped areas do not become overgrown with weeds or other unintended vegetation. 7. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY and Linn County when working within the public rights- of-way on the adjacent public roadway. 8. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or claims for damages that may arise or accrue as a result of City Council approval of this Agreement. 9. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the DEVELOPER / owner of all or any part of this property shall transfer obligations of the DEVELOPER to the successor in interest. 10. If enforcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. Dated: � (i��.- v\ � �,= 2023 NOVAK PROPERTIES, LLC �/� ,� �/ � ��.~�/'��..._.. � �.��.--- �Shane Novak, Manager STATE OF IOWA, COUNTY OF LINN) � �� . � This instrument was acknowledged before me on this � day of � �-�-� ,-' , 2023 by Shane Novak, Manager for Novak Properties, L�C ,--- � �� . , � � c� ��-� ,. c� Notary Public in and for the State of lowa Dated: V �� , 2023 OF FAIRFAX, IOWA �� % Marianne Wainv ght, Mayor Pro Tempore �PP�� s TINA ROSEKRANS Z � Commission Number 816955 My Commission E�cpires �W� May 14, 2025 STATE OF IOWA, COUNTY OF LINN) ` (1 ��` � � � � This instrument was acknowledged before me on this 1� day of u i�� L-= 2023 by Marianne Wainwright, Mayor Pro Tempore of the City of Fairfax, lowa. �pP�A�SC, I INA ��7�f\11MNa7 Z y Commission Number 816955 My Commission Expires , Notary Public in a