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Home My WebLink AboutRESOLUTION NO. 2023-56RESOLUTION NO. 2023-56 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR K& B FIRST ADDITION IN THE CITY OF FAIRFAX, IOWA WHEREAS, the First Amendment to the Development Agreement for K& B First Addition in the City of Fairfax, Iowa, has been submitted to the City of Fairfax by K& B Enterprises, LLC; and WHEREAS, said First Amendment to the Development Agreement allows for the existing trees to remain in the 20' Utility and Drainage Easement which is located along the east side of Lot 2, K& B First Addition, and also allows for these trees to be replaced as necessary; and WHEREAS, said First Amendment to the Development Agreement also allows for the existing building's mechanical equipment to encroach into said 20' Utility and Drainage Easement, as well as allows for the maintenance and replacement of this mechanical equipment; and WHEREAS, Tred Schnoor, P.E. with Schnoor Bonifazi Engineering & Surveying has provided a sealed and signed letter indicated that the existing trees located in said 20' Utility and Drainage Easement do not impact the 100-year flow depths; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said First Amendment to the Development Agreement for K& B First Addition in the City of Fairfax, Iowa, as well as the sealed and signed letter from Tred Schnoor, P.E., and recommends that the City Council approves said First Amendment to the Development Agreement for K& B First Addition in the City of Fairfax, Iowa. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the First Amendment to the Development Agreement for K& B First Addition in the City of Fairfax, Iowa, is 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 9th day of May, 2023. AYES: Nurre, Daly, Pacha, and Wainwright NAYS: None ABSENT: Volk �� .��"�7rr��- �.�.��,�/LJ Jo Ann Beer, Mayor ATTEST: �1 �° /�^ T� �% G , l� . ' /�{�,i%�� G` "Z J'. Cy thia Stimson, City Clerk/Treasurer ; Prepared by/retum to: Laurie L. Da�a�ley, Shuttle�voith & higersolL P.L,.C., P.O. 80� 210?. Cedar Rapids, IA �2a06; (319) 365-9461. F'IRST AMENDMENT TO DEVELOPMENT AGREEMENT This Fiist 1°�men�n��cnr to De��li��ment Agree�n�i�t is made tll�s ��; �:l<ly of ��%� ��/�; 2023, by �u1t1: �et��cen tl�c Cit�r of Fat� 1t3�. Lini1 Cotu�ty; lt��'��a {the "City"} ��ntl� K&(3 1:�i�t��:rs�s; LLC; an Iowa limited (iability company as successor in interest to Global Automotive Services, Inc. a/k/a Global Automotive Sez•vice, Inc. ("K & B Enterprises"). RECIT'ALS A. K&B Enterprises is Che owner ofthe following described rea] estate in I.,inn County, lowa (the "K & B Property"): Lot 2, K& B Fu�st Addition in the City of Fairfax, Iowa B. The K& B Property is subject to that cei-tain Development Agreement dated August 8, 2016, a�7d recorded with the Linn County, Iowa Recoi-der on August 1 1, 2016, in Book 9616, Page 397. C. The City and K& B desire to amend the Development Agreement subject to the terms and conditions ofthis First /�,mendme�lt to Development Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of�the mutual covenants and conditions eontained herein, the receipt and sul'Iiciency of which is hereby acl<no��led;ed, the parties hereto agree as follows: l. The Recitals of this First Amendment to Developn�ei�t A�reement are incorporated hel�ein by tlzis reference. 2. Paragraph 4 of the Development Abreement states: The OWNER shal] be fuily responsible for maintaininc, repairin;, and reco��structing the 20' Utility and Draina�e l;asement as originally approved and constructed as part ol'the ori�inal ap��i-ovcd site development plans for Lot 5.� The Oti�'NE1� als�� agrees t�o not place fill materia(, and to not ei-ect a�ly buiidings, obstructions, oi- otllel- ii��provements withi�� the area ciesignated as the 20` Utiliry and Drainage Easement. 3. K& B and its tenant Advanced Technology Solutions, Inc. planted trees in the 20' Utility and Drainage Easement. Additionally, mechanical equipment for the building located on the K& B Property encroaches onto the 20' Utility and Drainage F�asement. 4. K& B and its tenant Advanced Technology Solutions, Inc. enbabed a professional engineer to determine wlZether the trees located in the 20' Utility and Drainage Easement negatively impacted drainage. A copy of the pc�ofessional engineer's findings is attached hereto as Exllibit A, which states in pertinent part that "the existing trees DO NOT impact the 100-year flow depths." 5. The City and K& B have. mutually abreed to arnend and restate Paradraph 4 oFthe Development Agreemenf, �vhich relates to the 20' Ulility and Drainage Easement burdenin� the Easterly boundary of the IC & B Property, as follows: K& B and its successors and assigns shall be fully responsible for maintaining, repairing, and reconstructing the 20' Utility and Drainage Easement as originally approved and constructed as part of the origina] approved site development plans for Lot 5. With the exception ofplanting, maintaining and �-eplacement of the existing trees in the 20' Utility and Drainage Easement, K& B agrees to not place f ll material and to not erect any buildings, obstructions or other improvements witllin the area designated as the 20' Utility and Drai�7age Easement. K& B and its successors and assigns may replace the existinb trees as necessary with the same type of trees (or similar approved trees by the City) as long as the new trees are installed in substantially the same location as the existing trees and the ground elevations located around the trees are not altered in any manner whatsoever. 6. "I he City hereby grants to K& B and its successors a�1d assigns an eneroachment easement allowing the mecl�anical ec�uipmeni for the buildinb located on the K& B Property to e�7croach onto the 20'Utility and Drainage Easen�ent. K& B and its successors and assigns may i-epair, maintain and replace such mechanical equipment as long as the �nechanical equipment is installed in substantially the same location as the existing equipment and the ground elevations located around the mechanical eyuiprrient is not altered in any mannei- whatsoever. "7. This First f�mendment to Developme»t A�reemei�t shall be binding upon, and in�u-e to the bene�it of, the parties lzereto, their i-epc•esentatives, successors in interest aiid assigns. 8. EYcept as expressly modified by this First Amendi7�ent to llevelopment ' K& E3 �irst Addition in the City of F'airrax, lowa is a subdivision of Lot �, Prairie Creek Estates Second Addition to the City of Fairfax, Linn Coun[y, lowa. Agr�een�ent; the terms a�ld condit'iuns as set �1�ortl� in tl7e Devel�>pmeili ;A��r�emei�t shall contiiilie unaltered and s11a11 remain ii1 fiill force and e;ffect. 9. This First /\mendmei�t to Development Agreement may be executed in any number oF counterparts, each of ��I�ich sh�ll be take�l as an ori�inal, and all such eoiulterparts shall constitutc one and the same instrumcnt. l0. "To indicate their consent to this Fiz-st �lmendment to Uevelopment A;reement; the parties or tl�eir a�.ithorized a�ents or of�ticers have dul�� siL�ned ihis document. DAZ'ED this � day of _/��-�--i--� , 2023. K & B Enter}�rises: K & B F_,��terprises, LLC 6 ��'� �� f A l�jl '---. �y: � ��J��.�� . � L �� , � 1�� - _'��_-__ _ ... Name: _�`��-f'1�:�?1 �-_'�� _____—.. Title: C r' �.-,. �j �'.�tii^,._.�'--...�..>_.._ _.... ..:_ S"I�ATE OT' 10WA; COUNTY OP L,INN) ss: This iti�;ti•uialeiit �vas acknowledged before me on _�V�(,�� __,._ :_i , 2023, by �� as � ��'" � � � +� of K & B Enterprises, Y� .�,r� ��_� _ � �� _._____..___ -- __ _ __ �:--�-�-�'��-�--� ___ _ LLC, 41 ,, /- r"` 1 f� �� ,� ll � - �, �► � ; �`� j�� _ � __� c�� c,'�__ �<<�,��! _w__ �''� a�ttaco�t�►a,�.v��t : otary Pubiic in a�1d for th� , tai� afIowa �t � �ornmlaaSpn N�nDor 7E0249 � CO�tN1;Eaa�n E�ke: 3�tembar' 1U, 2A26 h DATED this �%� day of _��, 2023. CITY OF FAIRFAX, IOWA .�---� ��n- /'��-Q �" � �� Jo Ann Beer, Mayor STATE OI� IOWA, COUNTY OF LINN) ss: This instruir�ent was acknowledged before me on lf , 2023, by Jo Ann Beer as Mayor of The City of Fairfax, Iowa. `�� I � � �' � �T � � �� No ry Public in and for the State of Iowa P�� CYNTHIA K. STIMSON ; � r ; Commission Nurnbei' 128033 Prty Commissia� Expires ow► qpril 13, 2025 EXHII3TT "fL" See attacliments.