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Home My WebLink AboutRESOLUTION NO. 2022-61RES�L�7TION NO. 2022-61 RESOLUTIOleT �PPRC�VING T�i� FIlVAL P�..AT, DEVELOPMENT AGI2EEMENT, AND ASSt�CIATED 4FF-SITE EASEMENTS FOR HEARTLAND HEIGHTS THIRD AI)DITION IN THE CITY OF FAIRFAX, LINI� C�UNTY, IOWA WHEREAS, a Final Plat of Heartland Heights Third Addition zn the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Iowa Lot Developnleni, LLC; and WHEREAS, a Development Agreement, by and between Iowa Lot Development, LLC and the City af Fairf�, for said Heartland Heights Third Addition has been prepared as part of the He_ar-tland Heights Third Addition Final Plat Bound Documents; and WHEREAS, Temporary Off-site Easements which serve the Heartland Heights Third Addition, but are located outside of the Heartland Heights Third Addition Final Plai boundazy is also part of the Heaxtlar�d Heights Third Addition Final Plat Bound Docurnents; and WHEREAS, Hall and Hail Engineers, Inc. has reviewed said Final Plat of Heartland Heights Third Addition in the City of Fairfax, Linal County, Io�nra, the Development Agreement for said Heartland Heights Third Additian, and the Tennporary Off-site Easements of said Heartland Heigl�ts Third Addition, and has found said Filial Plat, Development Agreement, and Temporary Off-site Easements to be in accordance with the pxovisions af the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has fiu-ther recommended approval of said Final Plat, Development Agreement, and Temporary Off-site Easements. IVOW, THEREFORE BE IT RESOLVED, by the City Council of t11e City of Fairfax, Iowa, that the Final Plat of Heartland Heights Third Addition in the Cit�� of Fairfax, Linn County, Iowa, tl�e Development Agreement for said Heartland Heigl�ts Third Addition, and the Teinporar� Off site Easements for said Heartland Heights Third Addition 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 2�`h day af June, 2022. AYES: Nurre, Da1y, Pacha, and Wainw7ight NAYS: None ABSENT: Volk � r �� - r''.`' �,d � .`—a,—.»—. I3urne1l F��iedext, Mayor ATTEST: , ` �� + � �ti � `-1�=� ��t �_�c�.r.-•— Tina Rosekrans, Deputy City Clerk/Treasurer fSpace al;ove this line fcr recording �urposes anly) HEARTLAND HEICFiTS THIRD ADD1TlON C�1 TNE �IT'Y OF FAIRFAX LINN �C)UP�TY IC}W� 011VN�R'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: That lowa Lot Development, LLC, an lowa limited liability company, is the owner in fee of all the land which is included in HEARTLAND HEIGHTS THIRD ADDIT(ON IN THE CITY OF F'A(RFAX, LINN COUNTY, IOWA, have caused a survey and subdivision of said land to be made, the lots to be marked and numbered, as shown by a Final Plat, and the Certificate thereon of Jed Schnoor, to the end that the same may be recarded and hereafter designated and known as HEARTLAND HEIGHTS THIRD ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, iOWA. And the said lowa Lot Development, LLC. hereby acknowledge the subdivision to be by their free consent and in accordance with their desires and do hereby set apart and dedicate to the public use as public streets forever all lands within the plat that are designated for streets and public purposes, more specifically Lot A (Beverly Road}, Lot B(Bridgewood Drive), Lot C(Cardinal Drive), Lot D(Deerfield Drive) and Lot E(Eagleview Drive) and do hereby set apart and dedicate the public easements, as shown by the plat of HEARTLAND HEIGHTS THIRD ADDITION IN THE CITY C)F FAIRFAX, LINN COUNTY, IOWA. Dated � o � t� (J - . 2022. lowa Lot Development, LLC By: ��+�,�.� 1..:' • ��-f'�� Shane A. Schrader, Member-Manager STATE OF IOWA ) ) ss; COUNTY OF LINN ) This instrument was acknowledged before me on Skn �e. �.b >: 2022, by Shane A. Schrader, Member-Manager of lowa Lot Development, �.LC, an lowa limited liability company. �� .�_�......_.� Notary Public - State of lowa �, C��1�lI� R. �Ti�l�i� , � � a�, �,�r ��azsz �4arch 2S, 2p2� }arcpzrec� k�y _Jcd Sc}inun�� Sc.hriooa Uonilazi.T nc��r�reiiri� 3_bui,v„r..yira��.I <.,.Aai Fi€Ih.Ave,�cci�_SW,,Ueclar i�_e�>icls io+r:�..(319} ZJ6�EtC8Et (Space above this line for recording purposes only) SURVEYOR'S CERTIFICATE HEARTLAND HEIGHTS THIRD ADDITION IN THE CITY OF FAiR�AX, LINN COUNTY, IOWA is that part of the Southeast Quarter af Section 4, Township 82 North, Range 8 West of the 5th P.M., City of Fairfax, Linn County, lowa, described as follows: Beginning at a Northwesterly point of Lot B, Heartland Heights First Addition in the City of Fairfax, Linn County, lowa and said point is on the Northerly right-of-way line of Beverly Rtiad; the proceeding eight courses and distances follow the exterior boundary of said Heartland Heights First Addition: thence South 29° 14' 24" West 80.00 feet to the Northwest corner of Lot 25 of said First Addition; thence South 22° 48' 21" West 176.62 feet to a point on the West line of Lot 26 of said First Addition; thence South 01 °,55' 48 East 262.15 feet to the Southwest corner of Lot 28 of said First Addition; thence South 88° 04' 12" West 434.08 feet to the Northwest corner of Lot 44 of said First Addition; thence North 01 ° 47' 09" West 4.80 feet; fhence South 88° 05' 31" West 205.00 fee� to the Northwest corner of Lot 45 of said First Addition; thence North 01 ° 47' 09" West 36.90 feet to the Northeast corner of Lot 52 of said First Addition; . thance South 88° 12' S1" West 700.00 feet to the Northwest carner af Lot 59 of said First Addition; thence North 41 ° 47' 09" West 703.67 feet; thence North 88° 25' 42" East 882.71 feet to the beginning of a 570.00 foot radius curve concave Southwesterly; thence Southeasterly through a central angle of 30° 48' 42", an arc distance of 306.53 feet (chord bearing South 76° 09' S7" East 302.85 feet); thence South 60° 45' 36" East 325.34 feet to the point of beginning, containing 21.84 acres subject to covenants, easements and restrictions of record. For the purpose of this description, the North line of Heartlarid Heights First Addition along the North side of Lots 52, 53, 58 and 59 of said First Addition is assumed to bear South 88° 12' S1" West. Said HEARTLAND HEIGHTS THlRD ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA is divided into fifty-four (54) numbered lots, Lot 118 thru Lot 171 , and five (5) lettered lots, Lot A, Lot B, Lot C, Lot D and Lot E, all-inclusive. The number or letter of the lot is designated on the Final Plat by a figure near the center of the lot. pimensions of each lot, strest widths, and dis#ances from government Iines and corners are shown in feet and decimais thereaf on said Final Plat. A re-bar with a blue plastic cap embossed with 19241 has been set at each point indicated by a small circle, marked -o- on said plat. Ail lands within the plat that are designated for street purposes, mare specifically Lot A(Beverly Road), Lot B(Bridgewood Drive), Lot C(Cardinal Drive), Lot D(Deerfield Drive) and Lot E (Eagleview Drive} are now being dedicated to the public by the owner. The public easements shown on the finaf plat are alsa being dedicated by the owner to the p�blic for the purposes shown on the final plat. I hereby certify that the above legal description and hereto attached plat are in accordance with a survey made by me or under my direct personal supervisian, and that I am a duly Licensed Land Surveyor in the State of lowa. EXECUTED in Cedar Rapids, lowa, this ��``�'�t�-��`��1��t�!' ��(,�y��f'i ,+� `t� � _ �, � . '�V~` �4� 4 ~ � y ! ��/',,! �` 4 � .'p.�. °�. ., r•s i � r�t � ` �� l�q SCNN04R '� � w � -' ; 19241 i =, ti , � , � . . , . ,�, � r�, * `�,�. `'%. � `~�w_ , �� N�l i�{�1 i�t>>>��v � � � day of -JL�'� �. 2022 � � Je � Schnoar, PLS Li ense Na 19241 My license.renewal date is December 31, 2022 DEVELOPMEfVT AGREEMENT 7his Development Agreement (this "Agreement"} is entered inta this 28th day of June, 2022, by and between the undersigned property owner (hereinafter referred to as the DEVELOPFR) and the City af Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITALS A. The DEVELOPER is owner pf the foflowing described property: See Attached Exhibit "A" B. Upon the recording of this final plat with the Linn County Recorder's office, the DEVELOPER shall be the Property Owner of Lot 118 through Lot 171, HEARTLAND HEIGHTS THiRD ADD1710N 1N THE CITY OF FAIRFAX, LINN COUNTY, IOWA. C. The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known as Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa and has prepared a proposed final plat of such addition (the "PLAT"). Said Addition shall consist af 21.84 acres with Fifty- Four 54 buildable �ots numbered 118 through 171, and Five {5) lettered Lots A through Lot E to be dedicated to the City of Fairfax as public street rights-of-way. a. The Five buildable Lots (118 through 122} are zoned 4 RM: Multi-Family Residential. b. 7he Forty-Nine buildable Lots (123 —171) are zoned 9 RS: Single-Family Residential. c. The DEVELOPER shall install public sanitary sewer facilities within lettered Lots A, B, C, D, and E to serve all Fifty-Four (54) buildable Lots. d. The DEVELOPER shall instaA public water main facilities within lettered Lots A, B, C, D, and E to serve al! Fifty-Four (54) buildable Lots. e. The DEVELOPER shall install paved public street facilities within lettered Lots A, B, C, D, and E to serve all Fifty-Four (54) buildable Lots. f. The DEVELOPER shall install public storm sewer facilities within lettered Lots A, B, C, D, and E to drain storm water runoff from the pubiic streets located in these lettered �ats. g: 7he DEVELOPER shall install public storm sewer facilities within the 20' storm sewer easements running east — west through the PLAT to drain storm water runoff from the rear yards of Lot 126 through Lot 134; Lot 141 through Lot 150; Lot 155 through Lat 163; and Lot 168 through Lot 171. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: (BUILDING PERMITS) 1. The CI1Y shall grant the DEVELOPER the building permits for up to, but not more than ten (10) separate Lots within the "Initial Phase" of the Heartland Heights Third Addition (Lot 118 through lot 159; Lot A— Beverly Road; Lot B— Bridgewood Drive; Lot C— Cardinal Drive; and Lot D— Deerfield Drive}; prior to the CITY's acceptance of the public improvement in, adjacent to and between these Lots. 7he CITY shall not grant any building permits for Lots within the "Final Phase" of the Heartland Heights Third Addition (Lot 1b0 through Lot 171; and Lot E— Eagleview Drive) until the CIIY accepts the public lmprovements in, adjacent to and between these lots. 3. THA'i PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT in the Heartland Heights Third Addition, the OWfVER shafl record the bound documents far the final plat of Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa at the Office of the Linn County Recorder. 4. THAT PRiOR TO THE ISSUANCE OF A BUILbING PERMIT on Lots 219 through 128; �ots 131 through 144; Lots 147 through 158; and Lots 161 through 170 all inclusive, the DEVELOPER shall construct the storm water drainage swales as shown on the "Drawings of Propased Public Improvements for Heartland Heights Third Addition in the City of Fairfax, linn Caunty, lowa" Signed and Sealed on March 16, 2022. These storm water drainage swales, (ocated within the Private Drainage Easements, shall be stabilized with ground cover. 5. The DEVELOPER shall only be allowed to receive building permits for Lots that have public water and street impravemants leading up ta and adjoining the property are acceptable to the CITY Staff and the CITY's Fir� l�ep�rtment. (PUBLIC IMPROVEMENTS) 6. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS IN HEAR7LAND HEIGNTS THIRD ADDI'fiON, the DEVELOPER and/or any contractor ar ather agent employed by the DEUELOPER shall provide the CITY with a Four (4) year maintenance surety on all of the public infrastructure, including the public s#reets, that are part of the Heartland Heights Third Addition improvements. 7, Because there are no developed Lots located alang the north side of Lot A(eeverly Road), the 11- foot-wide paved trail to be located along the north side of l.ot A(eeverly Road) shall not be installed as part of the Third Addition Public Improvements, or with the development of any of the Lots located within the Heartland Heights Third Addition. The Developer shall install the 11-foot-wide paved trail along the north side of Lot A{Beverly Road) at the time the DEVELOPER improves and subdivides the property immediately adjacent to and along the north side of Lot A(Beverly Road). The CITY shail reimburse the DEVELOPER for 50% of the granular subbase and paving costs for this trail. The CITY shall be responsible for the maintenance (including snow removal), repair, and replacement of the 11-foot-wide trail and trail pedestrian ramps located along the north side of Lot A (Beverly Roadj. 8. The REVELOPER shall have the wet pond, the pond outlet structure, all associated water quality forebays, permanent erosion control measures, th�= averflow berm & swale, the sanitary sewer trunk main extended west beyond the pond outlet structure, and the permanent ground vegetation and wetland plantings (all part of or adjacent to Outlot C) installed and acceptable to the CITY no later than August 31, 2023. If these storm water management facilities and associated improvements are not completed in a manner that is acceptable to the CITY by August 31, 2023, the CITY will not issue any further building permits within the Heartland Heights First, Second, or Third Additions; nor will the CITY consider any further development within the overall Heartland Heights subdivision. The CITY shall provide and instal! al! public street signs within the public streets rights-of-way within Heartland Heights 7hird Addition. 10. As a form of Assurance to the CI71'to camplete the public improvements as part of the Heartland Heights Third Addition, the DEVELOPER has provided to the C17Y a Bank Letter of Credit (LOC) from Fairfax State Savings Bank in the Amount of $1,989,607.20 to cover the costs for the unfinished public improvements within and adjacent to Heartland Heights Third Additian. The Develaper has also provided to th� CIiY a eank Letter of Credit (L�Cj from Fairfax State Savings Bank in the Amount of $94,739.28 for t}�e wet pond outlet structure located in Outlot C. As the DEVELOPER satisfactorily completes the Heartland Heights Third Addition public improvements and the wet pond outlet structure, the DEVELOPER may submit requests to the CITY Council to reduce the amount of these LOCs to align with fihe remaining costs necessary to complete the Heariland Heights Thit�d Addition public improveinents and the wet pond outlet structure. If the DEVELtJPER f�ils to perform its obligations to complete the Heartland Heights Third Addition Public Improvements and/or ihe wet pond autfet structure in a timely manner, the CITY will have the automatic right to draw on this letter of credit to complete these public improvements. 11. The public improvements within and adjacent to Heartland Heights Third Additian, as well as the wet pond outlet structure located in Outlot C shall be completed by the DEVELOPER to the satisfaction of the CI7Y within the following time frames: a) November 18, 2022 for all public improvements within and adjacent to the "Initial Phase" of the Heartland Heights 7hird Addition (Lot 118 through Lot 159; Lot A— Beverly Road; Lat B— Bridgewood Drive; Lot C—Cardinal Drive; and Lot D— DeerField Drive). b} May 22, 2023 for the outlet structure in Outlot C. c) June 28, 2023 for all public improvements within the "Final Phase" of the Heartland Heights Third Addition (Lat 160 through Lot 171; and Lot E— Eagleview Drive). Upon satisfactorily completing each "Phase" of the Heartland Heights Third Addition public improvements, and / ar the wet pond outlet structure lacated in Outlot C, the CITY shall accept the appropriate "Phase" of the Heartland Heights Third Addition public improvements, and / or the outlet structure located in Outlot C, and shaH also reduce the amount of the letter of credit to align with the remaining costs necessary to complete the remaining public improvements. Once all of the Heartland Heights 7hird Addition public improvements have been completed and accepted by the CITY, the ClTY shall release the ��C for Heartland Heights Third Addition. Once the wet pond outlet structure located in Outlot C has been completed and accepted by the CITY, the C(Tl'shall release the LOC for this outlet structure. These release instruments will indicate that the public improvements have been accepted by the CITY and will release the DEVELOPER and the Real Estate from all abligations due under this Agreement. 12. If the DEVELOPER fails to complete the Improvements within the time periods as provided above, the CITY may cause the Improvements to be constructed in all respects as the CITY shall reasonably deem appropriate. The CI7Y shall utilize the LOC's for all costs incurred by the CITY in completing the improvements. 13. ?he DEVELC?PER shall be responsible for al! expenses related to any and all damages to the public infrastructure, and other real property, and assumes all risk of loss to the pi►blic infrastructure contemplated by this agreement until the acceptance of the public improvements by the C17Y. ((}CCUPANCY PERMITS) 14. THAT PRIOR TO THE ISSUANCE OF A�INAL OR TEMPORARY CERTIFICATE OF OCCUPANCY the DEVELOPER shall, for Lots 119 through 128; Lots 131 thraugh 144; Lots 247 through 158; and Lats 161 through 170 all inclusive, the DEVELOPER shall provide certification by a civil engineer licensed in the State of Eowa v�rifying thai the runr�ff fron� the 10�-year storm event can be conveyed fhrough and/ar adjace►�t to th� proposeci �ieveiopment on these Lots without damage to the building �tructures on these Lots; The Minirr,um L�w,, ppening information is provided on Plan Sheets C2.1 and C2.2 on the approved "Drav�+ings of Proposed Public 1mpr�ven�ents far Heartland Hei�hts Third Addition in tt�e City of Fairfax, Linn County, lowa", Signed and Sealed on March 16, 2022. Lots 118, 129, 130, 145, 146, 159, 160, and 171 shall not require a MLO or certification by a civil engineer licensed in the State of Inwa. 1S, THAT PRIOR TO THE ISSUANGE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall construet 5' wide concrete sidewalks along ihe front yards {within the public street rights-of-way of Lots �, C, D and E) adjac�nt to La#s 218 thrc�ugh 171 all indusive. 16. THAT PRlOR TO THE ISSUANCE OF A FINAL CERTIFICATE QF OCCUPANCY, the DEVELOPER shall construct the 5' wide concrete sidewalks along the side yards (within the public street right-of-way of Lot A— Beverly Ro�d} adjacent to Lots 118, 129, 130, 245, 146, 159, 160 and 171 all inclusive. 17. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE Ofi OGCUPANCY in the Heartland Heights Third Addition, Ths DEVELOPER shall: aj Cause to be instail the Street Lights as provEded on Plan and Profile on the approve�i "Drawings of Propaseci Public imprc�vEments for Nearfiland Neights Third Additian in the City of Fairfax, Linn County, lowa", Signed and Sealed oh March 16, 2022. The 13EVEL�PER shall provide the CITY with an acceptable verification of payment to Linn County REC for said street light instaUation. b) The DEVELOPER shal! cause to be installed the necessary Franchise Utilities to properly service the Heartland Heights Third Addition. The DEVELOPER shal) provide the CITY with an acceptable verification of payment to these Franchise Utilities for said utilities installation. c) The DEVELOPER shall cause to be installed the necessary mailboxes to properly service the Heartland Heights Third Addition. The DEVELOPER shafl provide the CITY with an acceptable verification of payment to the US Postal Service for said mailbox installation. 18. THAT PRI�R TO THE ISSUANCE OF A FINAL CERTIFICATE OF QCCUPANCY, the DEVELOPER shail provide for a minimum of 4" of topsoil on each Lot, Lots 118 through 171 all inclusive, and Lots A, B, C,D,&Easwell. (CITY PARTICIPA71ON) 19. The CITY shall reimburse the DEVELOPER for the DEVELOPER's cost to instal) the additionai pavement wi.dfitt (37 fe2t tot�l pavemi�nt width rather than the standard 28 feet strest pavement widthj alan� Beverly RQati in LQi A. After th� G1TY acce�ts the ��verly Road public improvements, the DEVELOPER sh�li provide the CITY with receipi.s for al( costs associated with the additionai pavement width of Beverly Road, and the ClTY shall reimburse the DEVELOPER for these costs within 3 months of receiving said receipts. The Beverly Road additional pavement width is anticipated to be approximatefy $135,Q00. (CONNECI'ION FEES / PARTICIPATION FEES) 20. THA7 UPON THE DEVELOPER'S SALE OF EACH INDIVIQUAL VACANT LOT WITHiN THE HEARTLAND HEIGNTS THIRD ADDlTION, OR IF THE DEVELOPER DOES NOT SELL TNE LOT(Sj, THEN PRIOR TO THE ISSUANCE OF THE PLUMBING PERMfTS FOR EACH lNDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS 7HIRD ADplTION, the DEVELOPER sha)I pay the CITY the Sanitary Sewer Connection Fee per Resolution No. 2017-09, and as follows: a) The Heartland Hei�hts 7hird Additian �includir�� a propqrtional area of Outlat C— Basin 1) is 23.45 i�cres. (21.8� Acres in #he �'d �1CId'Itio►1 &t �..61 ACt'es t)f OUtIOt C- BaSit1 1). bj The 2022 Sanitary Sevver Connection fee is approximat�ly $1,211.93 per Acre, establishing an averall Sanitary Sewer Connection Fe� (in 2022 dollarsj of $28,419.76 for t�re Heartland Hei�hts ihird Addition. c} The 2022 Sanitary Sew�r Cannection Fee sha�� be $526.29 per Lot for the Single-Family Lots and the N1uIti-Family Lpis (Lt�t 11g through Lot 171 all inclusive). d) i'hese 5anit��y Sew�r Cann�ctiQr� Fees sha(I be at�justed annually, starting in January of 2(723, based upon the inte�'est rates that the CITY is paying on khe Ah�se 1 Sanitary Sewer �xtensi�n P�'oject and on the Pha.s� 2 Sanitary Sewer Extension Project, 21. THAT UPON THE DEVELOPER'S SALE OF EACH INDiVIDUAI VACANT LOT WITHIN THE HEARTLANb HEIGHTS THIRD ADDITION, OR IF THE DEVELOPER DOE5 NOT SELL THE LOT(S), THEN PRfOR TO THE I5SUANCE OF THE PLUMBING PERMITS FQR EACN INDIVIDUAI. LOT WITHIN THE HEARTLAND HEIGMTS THIRD ADDITION, the DEVElOPER shall pay the CITY the Water Main Connection Fee per Resolution No. 2017-08, and as follows: a) The Heartland Heights Third Addition (including a proptirtional area of Outlot C— Basin 1} is 23.45 Acres (21.$G Acres in the 3`d Ad��ition & 7..61 Acres of Outlot C- Basin 1). b) The 2022 Water Main Gonnection Fees is appraximately $806.�1 per Acre, establishing an overall Water Main Cc�nnectic�n Fee cif $18,900.93 far Heartlat�d Heights Third Addition. c) 7he 20221Na#er Main Connection Fe� shall be $350.02 per Lot for the Single-Family Lots and the Multi-Family Lots (Lot 118 through l.ot 171 all inclusive). d) These Water Main Connection Fees shall be adjusted annually, starting in January of 2023, based upon the Consumer Price fndex (CPI) established in lanuary each calendar Year. 22. FQR EACH BUILDING PERMIT ISSUED in the Heartland Heights Third Addition, the QEVELOPER shall owe / pay to the CITY the following Participation Costs in the future 80t'' Street lmprovement Projects: a) Single-Family Lots (Total of 49 Lots) -$1,650.36 per Lot in 2022. b) Multiple-Family Lots (Total of 5 Lots) -$2,711,31 per Lot in 2022. c} These Participation Costs in the future 80`h Street Improvement Projects shall be adjusted annually, starkirtg tn Janu�ry of 2023, based upon the annual inflation rate as determined by the Gonsumer Price Index (Cplj as repn�ted in lanuary of e�ch year (Dec�mber CP! of the previous year to th� Decembe� CPl af the current year). dj All other portions of Condition No. 20 of the Heartland Heights Subdivision Preliminary Plat Acceptance of Conditions, Resolution No. 2016-43 shall apply to these 80th Street improvement participatian costs by the DEVEIOPER. (MISCELLANEOUS) 23. The DEUELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY when working within the public rights-of-way, 24. The DEVELORER shall be respansible for the maintenance (including snow removalj, repair, and rep)acement of all 5' wide sidewalks and sidewalk pedestrian ramps located within the public streets rights-of-way adjacent to each Lot within the Pl.A7. 2S. Access to Lots 118 and 129 shall be restricted to Lot B(Bridgewood Drive) only. These two Lots shall not have direct access ta Lot A(Beverly Road}. 26. Access to Lots 130 and 145 shall be restricted to Lot C(Cardinal Drive} only. These two Lots shall not have direct access to Lot A(Beverly Road). 27. Access to Lots 146 and 159 shall be restricted to Lot D(Deerfieid Drive) only. These two Lots shall not have direct access to Lot A(Beverly Road). 28. Access to Lots 160 and 171 shall be restricted to Lot E(Eagleview Drive) onty. These two Lots shall not have direct access to Lat A(Beveriy Road). 29. ihere shaH be no parking along either side of Lot A(Beverly Road). 30. The DEVELOPER shall own and maintain the storm water drainage swale located within the 10' Private Drainage �asemet�t, which shali convey the 100-year storm event overland through the back of Lot 219 through Lot 12Z. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 31. The DEVELOPER shali own and maintain the storm water drainage swale located within the 15' Private Drain�ge Easem�n�; which sh�11 coriuey the 200-year storm event overland through the back of Lot 123 khrc�u�h Liat 128, and thrc�ugh the back of Lot 131 through Lot 137. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 32. The DEVELOPER shall own and maintain the storm water drainage swale located within the 15' Private Drainage �a�emeni, which shall convey the 100-year storm event averland through tha back of Lot 138 fihrc�ugh Lot 14a, and through the back of Lot 147 through Lot 152. The DE1lEL(JP�R �grees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 33. The DEVEL�PER shal! own and maintain the storm water drainage swale located within the 15' Private Drainage Easement, which shal( tonvey the 100-year starm event overland through th� back of Lot 153 through Lot 158; and through the back of Lot 161 through Lot �65> The DEl/EL�?PE�t a�re�s not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 34. The DEVELOPER shai) own and maintain the starm water drainage swale located within the 7.5' Private Draina�e �asement, which shall convey the 100-year storm event overland thr�ugh the back of Lot 166 through Lot 17(�. The DEVELOPER agrees not to restrict t�e averland conveyance of the 100-year storm event through these drainage swales. 35. The City shal) own and maintain the storm sewer facilities {storm sewer, intakes, and/or storm manholes} located within the 20' Storm Sewer Easements located along the sides of Lots 134, 135, 140, 141, 150, 151, 154, 155, 163, 164, 267, and 168. The DEVELOPER shali allow the CITY and the CITY's representative access to these public storm sewer faciiities to maintain, repair and reconstruct these storm sewer facilities. 36. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages ar claims for damages that may arise or accrue as a result of City Counci! approval af this Agreement. 37. This Agreement shall be binding upcin th� parti�s hereta ar,�f th@ir heirs, successors, and assignst and �he sale by the D�VELpPER j owner of all or any part �f saic! Lcst 11� ti�rough Lot 171 �Ii indu�ive, sh�ll transfer obligations of the l�EVELflPER to the suc�essor in interes�. 38. If enfiarcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. Dated: June 28, 2022 IOWA LOT DEVE�OPMENT, LLC ,�',�� • .�e�u�..a.�. Shane A. Schrader, Member— Manager , Bruce G. Sevig, Member— Mana� STATE OF IOWA, COUNTY OF LINNj This instrument was acknowledged before me on this 28th day of June, 2422 by Shane A. Schrader, Member - Manager of lowa Lot Development, LLC and by Bruce G. Sevig, Member — Manager of lowa Lot Development, LLC JANELLE M. SCHM1�"� � Commission Number 183709 My Co�r��ij siqn��l�r�U � !, Dated: jQ-,,,�c _, Zpz2 CITY OF FAIRFAX, IOWA � � �� -�-�tP �'_� .___. �urn�l) G. Frieden, Mayor STATE OF IOWA, COUNTY OF LINN) Nota Pubiic in and for the State of lowa � �� This instrument was acknowiedged before me on this �� day of i' �L.�� , 2p22 by Burne(I G. Frieden, Mayor of the City of Fairfax, lowa. � � � , �.? A--. � i'i �-'��'` �.L�-L�� Notary Public in a for the State of lowa �� Rosekrans r�� ►� J�� EXHIBlT "A" HEARTLAh1D HEIGNTS TNIRd ADDITI{�N I�i TH� ClTY OF �'AIRF'AX, LIN�I CQC�NTY, 1C�WA is th�t part of the So�theast Qu�rter of Section 4, Townsi�ip 82 �lt�rth, I�ange 8 West of the 5th P.NI., City c�f �airfax, Linn County, iov,ra, described as follows: Beginning at a Rlartl�westerly poin# of Lot B, Heartl�rtd Heights First Adr�ition in the City of �airfax, Linn Ce�ur�ty, low� and said point is on the �lc�rtherly right-�of-way line of Beverly Ro�d; the proceeding eight courses and distances follow the exterior boundary of said Heartland Heights First Addition: thence South 29° 14' 24" West 80.00 feet ta the Northwest corner of Lot 25 af said F'irst Addition; thence South 22° 48' 21" West 176.62 feet ta a point on the West line of Lot 26 of said First Addition; thence Sauth 01 ° 55' 48 East 262.15 feet to the Southwest corner of Lot 28 of said First Addition; thence South 88° 04' 12" West 434.08 feet to the Norkhwest corner of Lot 44 of said First Addition; thence North 0� ° 47' 09" West 4.$0 feet; thence South 88° 05' 31" West 205.00 feet to the Northwest corner of Lot 45 af said First Addition; thence North 01 ° 47' 09" West 36.90 feet to the Northeast corner of Lot 52 of said First Addition; thence South 88° 12' 51" West 700.00 feet to the Narthwest corner of Lot 59 of said First Addition; thence North 01 ° 47' 09" West 7{73,�7 feet; thence North 88° 25' 42" East 882.71 feet to the beginning of a 570.00 foot radius curve concave Southwesterly; thence �fl�theast�rly through a centr�! angl� of 30° 48' 42", an arc distance of 306.53 feet (chord bearing S�su�h 76° 09' 57" East 30�.8� feet); thence South 60° 45' 36" East 325.34 feet to the point af beginning, containing 21.84 acres subject to covenants, easements and restrictions of recard. For the purpase of this descripfion, the hlorth line of H�a�kland Heigh#s First Addition along the Nc�rf�t sid� of Lc�ts 52, 53, �8 and �9 r�f s�id First Addiiiort is assumed to bear South 88° 12' 51 " West. TREASURER'S CERTIFICATE STATE OF lOWA ) ) ss: COUNTY OF LINN ) I, Sharon Gonzalez, Treasurer of Linn Caun#y, lowa, hereby certify fhat the land on HEARTLAND HEIGHTS THIRD ADDITION IN THE CITY OF �AIRFAX, LINN COUNTY, IOWA attached hereto and made a part hereof is free from certified taxes and certified specia( assessments or that the land is free frorn certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 Code of lowa as shown by records of this office. Cedar Rapids, lowa, this day of , 2022. SHARON GONZALEZ Treasurer of Linn County, lowa LINN COUNTY AUDITOR'S OFFICE Joel Miller I Auditor Rebecca Shoop I First Deputy JEAN OXLEY LtNN COUN7Y PUBLIC SERViCE CENTER ��.� 935 2ND ST. SW �� CEDAR RAPIDS, IA 52404 $ � �a PH:319-892-5300 1 ,\t ��,� LinnCounty.org �" � COUNTY Coun�y Auditor's Certi£icate Approval of Subdivision Plat Name by Linn County Audit:or Date: April 8t'', 2022 The Linn County Auditor's Office has reviewed the final plat name of: Heartland Heiqhts Third Addition in the�Citv of Fairfax, Linn Countv, Iowa and has determined that it is a succinct and unique name for the siibdivision contained herein, pursuant to Iowa Code 5354.6{2) and §354.11(6). The subdivision name or title is approved. Signed: � oel D Miller inn County Auditor TEMPORARY EASEMENT AGREEMENT FOR PUBLIC FACILITIES It is hereby agreed between the City of FairFax , lowa, (hereinafter referred to as the C1TY) and Shirley A. Sevig Revocable Trust and Gordon C. Sevig Revocable Trust, (hereinafter referred to as the OWNER), that lowa Lot Develapment LLC {hereinafter referred to as the DEVELOPER) shall be responsible to construct public sanitary sewer, storm sewer and water main faci(ities at the West end of Beveriy Road, North ends of Bridgewood Drive, Cardinal Drive, and Eagleview Drive and West of Lots 167 and 168, as platted in the Heartland Heights Third Addition in the City to Fairfax, Linn County, lowa. The OWNER hereby agrees to grant to the C1TY and DEVELOPER, a temporary easement for access, construction, reconstruction, and maintenance of the public improvements, over the areas described as follow: See attached EXHIBIT A, TEMPORARY EASEMENT PLAT Subject to the following conditions: This agreement shall remain in affect until such time as other dedications are accepted by the City Council through final platting of said property or by such other instrument as may be appropriate. At such time as tha area is subdivided by finaf platting, and perpetual and continual easements ar street rights-of-way are dedicated to the CITY and recorded in the Office of the Linn County, lowa Recorder, this easement shall become null and void. 2. The DEVELOPER agrees to construct the public sanitary sewer, storm sewer and water main facilities in accordance with the Drawings of Proposed Public fmprovements for Heartland Heigh#s Third Addition as approved by the City of Fairfax. 3. The OWNER agrees to erect no buildings, obstructions or other improvements upon ar under the property covered by this Easement which would interFere with the construction, reconstruction or maintenance of said public sanitary sewer, storm sewer and water main facilities without first obtaining permission from the C1TY. 4, The Owner agrees this Agreement shall be binding upon the Property Owner their successors, and assigns and the sale by the Praperty Owner of all or any part of said property described above shall transfer abligations of the Property Owner to the successor in interest. Dated �.� -- c,2(3 , 2022. {DEVELOPER) lowa Lot Development, LLC 8y: �:1�`t�.�t,e, � .;'f �-�-c �tt.�.. Shane A. Schrader, Member-Manager STATE OF IOWA ) ) ss: COUNTY OF LINN ) � This instrument was acknowledged before me on J�kn�-^ �� , 2022, by Shane A. Schrader, Member-Manager af lowa L.ot Development, LLC, an lowa limited liability company. � �� Notary Public - State of lowa �� t[3 R. STUER �' � Co�rxr�aslon Numbs� 772252 My Cummission F_xpires °1N' March 23, 2024 Dated � � �' c , 2022. (OWNER) Shirley A. Sevig Revocable Trust , �` 1 j? By ;��''�dp� ;;.1,�. __n'�'1 � �t ��`.Er Shiriey A. ��vi'g, Trustee �� STATE OF lOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on ��n °� �"b , 2022, by Shirley A. Sevig, Trustee of the Shirley A. Sevig Revocable Trust. As Trustee of the above-entitled trust. �t�` ��...�-.' � µ Notary Public - State of lowa " , EDB#V�E� f�. �TUI�f" � �mrt7ission Numb� 7i2252 ' � � ' �Ry Cnmrnissis�r �sdre� Dated � , 2022. M�rcn z�, zaz� (OWNER} Gordan C. Sevig Revacable Trust B y: � �r�'��,, � � . �� '�- Gordon C. Sevig, Trustee STATE OF IOWA ) ) ss; COUNTY OF LINN ) '� �. D This instrument was acknowledged before me on ��''� e` _�� 2022, by Gardon C. Sevig, Trustee of the Gordon C. Sevig Revocable Trust. As Trustee of the above-entitled trust. ��,, r----- � Notary Public - State of I m��T � . �4° !' ct �� ri'� �a OW �� ,�dP dLT69 � �� S � � �..�� PART OF TtiE SE 'l/4 SECTION 4, T82N, R8W FA��t1FAX, LINN COUNTY, 10WA. EASEMENT #1 - --...._.___r �}Q'X80' TEMPORARY 1 EASEMENT FOR PUBLIC� FACILI?lES 0.07 ACRES N88'25�42"E 40.00' i ��f��, _ ... r' � ✓'` ''' � ,� o ��; �` a �— r �� .�'.� a; .� r Q r- � � '' FF'' f ao � z �, 0 h ;1- u} S88'25'42"W 40.00' LEGEND EASEMENT #2 -� 50'X60' TEMPdRARY EASEMENT FOR PUBLIC FACIUTIES 0.07 ACRES N 88'25' 42"E 145.00' POINT OF BEGINNING EASEMENT #1 LOT A HEARTLAND HEIGHTS THIRD ADDITION PROPERTY LINE — — — — SECTION LINE ��.�'��,L�.:� EASEMENT AREA � 5/S"0 IRON REBAR W/BLUE CAP N0. 19241 TQ BE SET FOR NEARTLANd HEIGHT5 THIRD ADDITION LOT 1 71 HEARTLAND HEIGHTS THIRD ADDITlON .. . b i a -c EASEMENT #1 LEGAL DESCRTPTT( That port of the 5outheast Quarter of 5ection 4, Township 82 North, Range 8 West of the 5th P.M. Fairfax, Linn County, lowa described as follows: rar a J��,,, I!1 � V � � i� Beginning at the Northwest corner of Lot A, Neartland Heights Third Addition in the City of Fairfox, Linn County, lowa; thence South 1' 47' Q9" West 80.00 feet along the West line of said Lot A; thence South 88' 25� 42" West 40.Q0 feet; thence North 1' 47� 09" West 79.85 feet; thence Narth 88' 25� 42" East 4d.00 feet to the point of beginning, containing 0.07 acres. For purposes of this description, the West line of Lot A, Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa is assumed ta bear 5outh 1' 47' 09" West. Ex�irs�T A TE1�11�C3��#t�Y E�►SE�E�T .� �� ,�, PLA'� PART OF THE SE 1/4 SECTI(JN 4, T$2N, R8W FAIRFAX, LINN COUNTY, IOWA. 3 m 0 � z '42"E S88'25'42"W 60.OQ' ��+� . _. ��: . iM 0 0 25 50 100 � "' SCALE IN FEET �- POINT OF BEGINNING SOUTH LINE NW� 5E� EASEMENT #2 SECTION 4-82-8 ._ --�or�7rEi.��t� sw�"s�� l�V��.A..Y ��.� sEc�noN �—az—e DRAWN: JDS ISSUED DATE: LOT 16U HEARTLAND HEIGHTS THIRD ADDITION EASEMENT #2 LEGAI_. DESCRIPTION That part of the Southeast Quarter of Section 4, Township 82 North, Range 8 West of the 5th P.M. Fairfox, Linn County, lowa described as follows: Commencing at the Narthwest corner of Lot A, Heartland Heights Third Addition in the City of Fairfox, Linn Gounty, lowa; thence North 88' 25' 42" East 145.00 along the North line of said Lot A ta the point of beginning; thence North 1' 47� 09" West 50.00 feet; thence North 88' 25 42" East 60.Q0 feet; thence South 1' 47� 09" East 50.Q0 feet to the North line of said Lot A; thence South 88' 25' 42" West 60.00 feet to the point of beginning, containing 0.07 acres. For purposes of this description, the North line of Lot A, Heartland Heights Third Additian in the City of Fairfax, Linn County, lowa is assumed to beor North 88' 25' 42" East. JDS SCHNOOR-BONI�AZI ENGINEERING & SURVEYING, LC 431 FIFTH AVENUE SW ��22 CEDAR RAPIDS, IA 52409 (319) 298-8H88 {PHONE) PROJECT NO.: 20148 �h�14�1T' �l f11�c3� 1 �»�,�n�? °� i ^i-d �orv_ , �q- I � �� PART OF THE SE '1(4 SECT�ON 4, T82�, RSW FA�RFAX, LBNN Ct�UPdTY, IOWA. i L.O T A HEARTLAND HEIGHTS THIRD ADDITION vwi°pI woo ,y,� N � � � � '# � W z� za w Zp zz � J� �� m t— v � �_- o wNf �� S88'25'42"W...__j 37.70' / W � �;.i m N 1 � � c-t LOT 145 �,�. W'� HEARTLAND Z� �z HEIGHTS =,o —'� THIRD r—c�.> i�"„uv, ADDITION i¢iii�� LEGEND PROPERTY LINE — — — — SECTION LINE .."��'�; '�� EASEMENT AREA � 5/8"� IRON REBAR W/BLUE CAP N0. 19241 TO BE SET FOR HEAR7LAND HEIGHTS TH1RD ADDITION 42"E w � 0 � � �2'14'32" L= 22.31 ` �+��s ::._ u d 25 50 10d EASEMENT #3 SCALE IN FEET 5Q'X60' TEMPORARY EASEMENT FOR PUBLIC FACILITiES 0.07 ACRE5 1% CHB=589'32'59"W SOUTH UNE NE� SE� � fl CH=22.31' SEC710N 4-82-8 f `— ^ NOR7H LINE SE� SE� SECTION 4-82—B POIN7 OF BEGINNING EASEMENT #3 �g,�'�r��.Y- �� . � ' � ,' �, , � LOT 130 HEARTLAND HEIGHTS THIRD ADDITIC)N EASEMENT #3 LEGAL DESCRIPTION That part of the Southeast Quarter of Section 4, Township 82 North, Range 8 West af the 5th P.M. Foirfax, Linn County, lowo described as follows: Beginning at a point on Northerly line of Lot A, Neartland Neights Third Addition in the City of Fairfax, Linn County, lowa; thence South 88' 25' 42" West 37.70 feet along the North line of said Lot A; thence North t' 47' Q9" West 50.00 feet; thence North 88' 25 42" East 60.00 feet; thence South 1' 47' 09" East 50.44 feet to the North line of soid Lot A and a point on a 570.OQ foot radius curve concave Southwesterly, thence Northwesterly alang said North line through a centra) angle of 2' 14� 32'� ond an arc length of 22.31 (chord bearing 5outh 89' 32' 59" West 22.31 feet) to the point of beginning, containing 0.07 acres. For purposes of this description, the North line of Lot A, Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa is assumed to bear South 88' 25' 42" West. Exi�tg�v A TE1V1P4�.ARY EAS�MI��NT 2 � � � � �..A� PART OF THE SE 1/4 SECTION 4, T$2N, R8W FAIRFAX, LINN COUNTY, IOWA. DRAWN: JQS APPROVED: JDS SCHNOOR-60NIFAZI ENGINEERING & SURVEYING, LC � � � � � � 15SUED FOR: 431 FIF7H AVENUE SW r . DA7E: 6 6 2022 CEDAR RAPIDS, TA 52404 t'"1 Tt ! 7' � 7 I (319} 298-8888 (PHONE) tJ ! 1 1 i :L 1 PROJECT NO.: 20148 �_ Engineering 8 Surve,Tvina I � �� PART OF THE SE 1/4 SECT�ON 4, T82N, RSW FAiRFAX, L1NN COUNTY, IOWA. �y �, \ \ \ \ SOUTH LINE NE� SE� SECTION 4-82-8 `��'� `\~` ._. m _ ---- ---- _ ' ti� t NORTH LINE SE� SE� 5EC710N 4-82-8 \�`� ��f � � L.OT 1 29 HEARTLAND HEIGHTS THIRD ADDITION �Q�L�II� s� �`"��°'�''°�,�, 2sry S(jQ°Si �k'`/ �� _-,�' ��.f0� � �" �� s;� � � ��.�.... � r.-�,,�� a � a�.� _��- �- � _..._. `-' __ _ �_—' �,,��' �, b'p..----"' ` � joa, �6 p. C}r r--..�.. X� :(s O_ � ¢� 3��1� �N � ._ p01NT OF BEGINNING EASEMENT #4 �� r� t' � ;: �x` �` PROPERTY LINE — — — — — — — ADJOININ� LOT LINE -- — SECTION LINE �F��F,°°��;� EASEMENT AREA !c :.�� 5/8"� IRON REBAR W/BLUE CAP N0. 19241 TO BE SET FOR HEARTLANQ HEIGHTS THIRD AQQITION ` n�. ��, . � -� ��. . � h^...� 0 25 50 100 , � �� Q� '`� �� SCALE IN FEE7 e � -� ,\ J � ''� 1 � *`�� `~,�� ;, �,; . 4 J � � �� ,. , � ., , .� / �. EASEMENT #4 \��\ ��`; � � 50'X60' TEMPORARY �� EASEMENT FOR PUBLIC \�� . FAC�L17lES `�� / ��` 0.07 ACRES `�\ � `� �i. � \ �`v / `. � \ �0��?i,�r �� `�61i� % / , / FOUND �" REBAR WITH - YELLOW PLS CAP #9889 EASEMENT #4 LEGAL DESCRIPTION That part of the Southeast Quarter of Section 4, Township 82 North, Range 8 West of the 5th P.M. Fairfax, Linn County, lowa described as foliows: Commencing at the Nartheasterly Corner of Lot A, Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa; thence North 60' 45' 36" West 171.1Q feet along the Northeosterly line of safd Lot A to the point of beginning; thence continuing North 60' 45' 36" West 60.00 feet along soid Northeosterly line; thence North 25' 54� 46" East 50.00 feet; thence South 60' 45' 26" East 60.00 feet; thence South 25' 54' �6" East 50.00 feet to the point of beginning, containing d.07 acres. For purposes of this description, the Northeasterly line of Lot A, Heortland Heights Third Addition in the City of Fairfax, Lintt County, lowa is assumed to bear North 60' 45' 36" West. �X��g�T A 'TEM�''ORA�Y EASEB1�E�i' 3 �� A�' PART OF THE SE 1(4 SECTION 4, T82N, R8W FAIRFAX, LINN COUNTY, tOWA. DRAWN: JDS APPROVED: JD5 SCHNOOR-BONIFA2I ENGINEERING & SURVEYING LC ISSUED FOR: 431 FI�(H AVENUESN! CEDAR RAPTDS, IA 52A04 DATE: 6 6 2022 (319) 298-8888 (PHONE) PROJECT NO.: 20148 ��►� i 1 �� _ � � � �� PART OF THE SE 1/4 SECT�ON 4, T82N, R8W FA�RFAX, L1NN COUNTY, IOWA. �, �� .,. <��:�. n 0 25 5Q 140 SCALE IN FEET EASEMENT #5 •- -- - 20'X180' TEMPORARY EASEMENT FOR PUBLIC FACILITIES 0.08 ACRES N1'47'09"W 20.d0' N88'12'51"E 1 s8a•�z'�i�w �ao.oa' LOT 168 HEARTLAND HEIGHTS THIRD ADDITION 51'47'09"E ia.ao' �--Pblt�!'i OF BEGINNING EASEMENT #5 S1'47'09"E 10.00' LOT 167 HEARTl�AND HEIGHTS THIRD ADDITION L.EGEND PROPERTY LINE -- — -- --� — — — AQJOINING LOT LINE — — SECTIQN LINE �� EASEMENT AREA �� Q] 5/8"� iRON REBAR W/BIUE CAP N0.19241 TO BE 5ET FOR HEARTLAND HEIGHTS THIRQ ADDITION � CUT 'X' TO BE SET FOR HEARTLANd HEIGHTS THIRD ADD1TlON EASEMENT #5 LEGAL DESCRIPTION That part of the Southeast Quarter of Section 4, Township B2 North, Ronge 8 West of the 5th P.M. Foirfax, Linn County, lowa described as follows: Beginning at the Northwesterly Corner of Lot 167, Heartlond Heights Third Addition in the City af Fairfax, Linn County, lawo; thence South 1' 47� 09" East 10.00 feet along the Westerly line of said Lot 167; thence South 88' 12' 51" West 180.00 feet; thence North t' 47' 09" West 2d.00 feet; thence North 88' 12' 51" Eost 180.00 feet ta the West line of Lot 168 of said Third Addition; thence South 1' 47' 09" East 10.00 feet to the paint of beginning, contoining 0.08 acres. For purposes of this descriptian, the West line of Lot 167, Heortland Heights Third Addition in the City of Fairfax, Linn County, lowa is ossumed to bear South 1' 47' 09" East. EXiH[�BI'�' A T��■ O��■'N. A 1Mw��■Nlt�l1[� � �F ,�, PLA'i PART OF THE SE 1t4 SECTION 4, T82N, R8W FAIRFAX, LINN COUNTY, IOWA. 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Q .: „ . .i . r o _ .. — _ � , o o _ ' �:.: � W °..< . i� I a�'yI �t�.: _ ' - .. .t—._ tr,� � t l l... f ' �. �<. __"_ ,�:�>�. _ ' i: � I'_ _ '._.... .:.... . - _ � ... � � �:�r�� ' � �' � �. � Z ! � � "" � h0 �� Op �`j `� � 1 � F�-� . Q : , Oa Oam� _ _U, 3' f��__�jc �.-;W � --�'�U ; i ;-, ' �I ^". '_- ' :. x 1 i pa �' L . - O : � a F! ,- 4, .,� -- � �p_ t — .iW ` W W_l .� , .} I.. IF, j : . o:' � . 0_.z ', � � N o ?� ..� ' o� - a° �3vixo� �_ _ �__"'�- _ ,--j--- J DEVELOPMENT AGREEMENT This Dev�iopment Agreement (ti�is "Agreement"} is entered into this 28t'' day of June, 2022, by and between the und�rsigned property owner �hereinafter referred to as the DEVELOI��R) and the City of Fairfax, Linn Caunty, loUra (hererna�Yer refierred to as th� CiTY}. RECITALS A. The DEVELOPER is owner of the following described property: See Attached Exhibit "A" Upon the recording of this final plat with the Linn County Recorder's office, the DEVELOPER shall be the Property Owner of Lot 118 through Lot 171, HEARTLAND HEIGHTS THIRD ADDITMON IN THE CITY OF FAIRFAX, LINN COUN7Y, lOWA. C. Tfie pEUELORER proposes to reeord a final plat situated c�n a portion of the Rea! �sfate to be kinown as He�r�tland �ie�ghts 7h�rd Additian it� the Gi�y t�f Fairfax, Linn Caunty, lowa �nc# ia�s prepared a praposed final plat c�f such addition {the "PLAi°). Said Acidikion shall consisi of21.84 acr�s with �ifty_ Four 54 �uild�ble �ots nurnbered 118 thrnugh 171, and F�ve (5) lettered Lats A throu�h Lot E tc� be dedicated`to the City of F�irfax as public street rights-of-way. a. The Five buildable Lats (118 through 122) are zoned 4 RM: Mult[-Fat�nily R�siclential, b. The �arty-Nine buildable Lots (1�3 �-171) are zoned 9 RS: Single-Family Residential. c. The DEVELOPER shall instail public sanitary sewer facilities within lettered Lots A, B, C, D, and E ta serve al! Fifty-Four (54} buildable Lots. d. 7he QEVELOPER shall install public water main facilities within lettered Lots A, B, C, D, and E to serve all Fifty-Four (54) buildable Lots. e. 7he DEVEL�PER shal! install paved public street facilities within lettered Lots A, B, C, D, and E to serve all Fifty-Four (54) buildable Lots. f. 7he DEVELOPER shaN install public storm sewer facilities within lettered Lof� A, B, C, D, and E to drain storm water runoff fr�rrr the pubiic streets focated in these I�ttered Lots. g. The DEVEI.C3F'ER shall install pub]ic storm sewer facilities within the 20' storm sewer easements running east — west through the PLA7 to drain storm water runoff from the rear yards af Lot 126 through Lot 134; Lot 141 thraugh Lat 150; l.ot 155 through Lot 163; and Lot 168 through Lot 171. NOW BE IT RESOLVEb, the DEVELOPER and the CITY hereby agree as follows: (BUILDING PERMiTS) 1. The CITY shall grant the DEVELOPER the building permits for up ta, but not more than ten (10) separate Lots within the "Initial Phase" of the Heartland Heights Third Addition (Lot 118 through Lot 159; Lot A— Beverly Road; Lot B— Bridgewoad Drive; Lot C— Cardinal Drive; and �ot D— Deerfield Drive}; prior to the CITY's acceptance of the public improvement in, adjacent to and between these Lots. 2. The C1TY shall not grant any building permits for Lots within the "�inai Phase" of the Heartland Heights Third Addition (Lot 160 through Lot 171; and Lot E— Eagleview prive) untii the CITY accepts the public Improvemen#s in, adjacent to and between these Lots. 3. THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT in the Heartiand Heights'fhird Addition, the OWNER shall record the bound documents for the final piat of Neartland Heights Third Addition in the City of Fairfax, Linn County, lowa at the OfFice of the Linn Caunty Recorder. 4. THAT PRIOR T� THE ISSUANCE OF A BUILDING PERMIT on Lots 119 through 128; Lots 131 through 144; Lots 147 through 158; and Lots 161 through 170 ali inclusive, the DEVELOPER shal! construct the starm water drainage swales as shown on the "Drawings of Proposed Public Improvements for Heartland Heights Third Additian in the City of FairFax, Linn County, lowa" Signed and Sealed on March 16, 2022. These storm water drainage swales, located within the Priva#e Drainage Easements, shall be stabilized with ground caver. The DEVELOPER shall only be allowed to receive building permits for Lots that have pubiic water and street imprdvements leading up to and adjoining the property are acceptable to the CITY Staff and the CITY's Fire f��artment. {pUBLiC IMPROVEMENTSj 6. THAT PRIOR TO THE C1TY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS 1N HEARTLAND HEIGHTS THIRD ADDITfON, the DEVELOPER and/or any contractor or other agent employed by the DEVEl.OPER shall provide the CITY with a Four (4} year maintenance surety on all af the public infrastructure, including the public streets, that are part of the Heartland Neights Third Addition impravements. Because there are no developed Lots located aiong the north side af �at A(Beverly Road�, the 1�- foot-wide paved trail to be located aiong the north side of Lot A(Beverly Roadj shall not be installed as part of the Third Addition Public Improvements, or with the develapment of any of the lots located within the Heartland Heights Third Addition. The Developer shall install the 11-foot-wide paved trail along the north side of Lot A(Beverly Road} at the time the DEVELOPER improves and subdivides the property immediately adjacent to and along the north side of Lot A(Beverly Road). The CI7Y shall reimburse the DEVELOPER for 50% of the granular subbase and paving costs for this trail. The CITY shall be responsible for the maintenance (including snow removal}, repair, and replacement of the 11-foot-wide trail and trail pedestrian ramps located along the north side of Lot A {Beverly Road). The [7�VELOPER shall have the wet pond, the pond autlet structure, all ass�ciated water quality fore�ays, permanent erosion control measures, the overflow berm 8c swal�, fhe sanitary sewer trunk main extended west beyond the pond outlet structure, and the permanent ground vegetation and wetland plantings (all part of or adjacent to Outlot C} installed and acceptable to the CITY no later than August 31, 2023. If these storm water management faciiities and associated improvements are not completed in a manner that is acceptable to the CITY by August 31, 2023, the CITY will not issue any further building permits within the Heartland Heights First, Second, or Third Additions; nor will the CITY consider any further development within the overall Heartland Neights subdivision. 9, The Ci71'shall provide and install a!I public street signs within the public streets rights-of-way within Heartland Heights 7hird Addition. 20, As a form of Assurance to the CITY to complete the public improvements as part of the Heartiand Heights 7hird Addition, the DEVELOPER has provided to the CITY a Bank Letter of Credit (LOC) from Fairfax State Savings Bank in the Amount of $1,989,607.2Q to cover the costs for the unfinished public improvements within and adjacent to Heartland Heights Third Addition. The Deveioper has also provided to the CITY a Bank Letter of Credit �1.�Cj from Fairfax State Savings Bank in the Amount of $�4,739.28 for t�e wet pond outlet structure located in Outiot C. As the DEVEL�PER s�tis#actorily completes the Heartland Heights Third Addition p�61ic improvements and the �ret pand outlet structure, the DEVELOPER may submit requests to the CITY Council to reduce the amount of these LOC's t� align with tite remaining costs necessary to compl�te the Neartland Heights Thi�d A�idition public ix�provements and the wet pond outiet structure. If the DEVELOPER fails to p�rfnrm its abligations to complete the Heartland Heights Third Addition Public Improvements and/or the wet pond outlet structure in a timely manner, the CITY will have the automatic right to draw on this letter of credit to complete these public improvements. 11. The public improvements within and adjacent to Heartland Heights Third Addition, as well as the wet pond outlet structure located in Outlot C shall be completed by the DEVELOPER to the satisfaction of the CITY within the following time frames: a) November 18, 2022 for all public improvements within and adjacent to the "Initial Phase" of the Heartland Heights 7hird Addition (Lot 118 through Lot 159; Lot A— Beverly Road; Lot B— Bridgewood Drive; Lot C—Cardinal Drive; and Lot D— Deerfield Drive). b) May 12, 2023 for the outlet structure in Outlot C. c) June 28, 2023 for all public improvements within the "Final Phase" of the Heartland Heights Third Addition (Lot 160 through Lot 171; and Lot E— Eagleview Drive). Upon satisfactorily completing each "Phase" of the Heartland Heights Third Addition public improvements, and / or the wet pond outlet structure located in Outlot C, the CITY shall accept the appropriate "Phase" of the Heartland Heights Third Addition public improvements, and / orthe outlet structure located in Outiot C, and shall also reduce the amount of the letter of credit ta align with the remaining costs necessary to complete the remaining public improvements. Once al! of the Heartland Heights Third Addition public improvements have been comp(eted and accepted by the CITY, the CITI'shall release the LOC for Near-tland Heights Third Addition. Once the wet pond outlet structure located in Outlot C has been completed and accepted by the CllY, the CITY shall release the LOC for this outlet structure. These release instruments will indicate that the public improvements have been accepted by the CI7Y and will re►ease the DEVELOPER and the Real Estate from all obligations due under this Agreement. 12. If the DEVELOPER fails to complete the Improvements within the time periods as provided abpve, the CITY may cause the Improvements ta be constructed in all respects as the CITY shall reasonably deem appropriate, The CITY shall utilize the LOC's for all costs incurred by the CITY in completing the improvements. 13. The DEVELOPER shall be responsible for all expenses related to any and a!I damages to the public +nfrastructure, and other real property, and assumes all risk of loss to the public infrastructure contemp(ated by this agreement untii the acceptance af the public improvements by the CI7Y. (OCCUPANCY PERMITS} 14. THAT PRIOR TQ THE ISSUANCE OF A FlNAL OR TEMPORARY CERTIFICATE QF OCCUPANCY the DEVELQPER shall, for Lots 119 through 12$; Lots 131 through 144; Lots 147 through 158; and Lots 161 through 170 all incfusive, the DEVELOPER shali provide certification by a civil engineer licensed in th�* State of ivwa werifying that the runoff fror�t the 100-year storm �v�r,t can be conveyed through andjor adjacent to the prop�rsed development on these Lots without dama�e to the building struetures on these E.ots. The IVlinimum Lou� t3pening information is provided on Plan Sheets C2.1 and ��.2 on the approved "Drawings of Proposed Public Imprc�vements for Heartland Heig�tts Third Additiot� in the City of Fairfax, Linn County, lowa", Signed and Seaied an March 16, 2022. Lots 118, 129, 130, 145, 146, 159, 1b0, and 171 shal) not require a MLO or certification by a civil engineer licensed in the State of lowa. 15. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTfFICATE OF OCCUPANCY, the DEUELOPER shall construct 5' wide concrete sidewalks along the front yards (within the public street rights-of-way of Lots B, C, D and �) adjacent to Lots 118 through 171 all inclusive. 16. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall construct the 5' wide concrete sidewalks along the side yards {within the public street ri�hi-of-way of Lot A— Beveriy Road} adjacent to Lots 118, 129, 130, 145, 146, 159, 160 and 171 all inclusiue. 17, THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in the Neartland Heights Third Addition, The DEVELOPER shall: a} Cause to be install the Street Lights as provided on Plan and Profile on the approved "Drawings of Proposed Public Improvements far Heartland Heights Third Addition in the City of Fairfax, Linn County, lowa", Signed and Seaied on March 16, 2022. The [3EVEt�OPER shall provide the CITY with an acceptable verification of payment ta Linn County REC for said street light instalfation. bj The DEVELOPER shall cause to be instalied the necessary Franchise Utilities to properly service the Heartland Heights Third Addition. The DEVELOPER shal) provide the CITY with an acceptable verification of payment to these Franchise Utilities for said utilities installation. c} The DEVEL�PER shal! cause to be installed the necessary mailboxes to properly service the Heartland Heights Third Addition. 7he DEVELOPER shall provide the CIIY with an acceptable verification of payment to the US Postal Service for said mailbox installation. 18. 7HAT PRIQR 70 7HE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shal) provide for a minimum of 4" of topsoil on each Lot, Lots 118 through 171 all inclusive, and Lots A, B, C,D,&Easwell. (CITY PARTICIPATIONj 19. The CITY shall reimburse the DEVELOPER for the DEVELOPER's cost ta instail the additional pavement wl�lth (37 feet tatai pauernent width rathert�an the standard 28 feet street pavement width) along 8everly Rt�ad in Lc�t A. After the GlTY accepts the Beveriy Raad public improv��nents, the DEVELOPER shall pr�ovide the Cll'f vvith receipts for all casts associated with the additional pavement width of Beverly Road, and the CITY shall reimburse the DEVELOPER for these costs within 3 months of receiving said receipts. The Beverly Road additional pavement width is anticipated to be approximately $135,000. (CONNECTION FEES / PARi'1CIPATION FEESj 20. THAT UPON THE QEVEL�PER'S SALE OF EACH INDIVIDUAL VACANT LO7 WITHIN THE HEARTLAND NEiGNTS 7HIRD ADDlTI�N, OR IF THE DEVELOPER DOES NOT SELL THE LO7(Sj, THEN PRIOR TO THE ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS THIRD Af�DITION, the DEVELOPER sh�li pay the CIIY the Sanitary Sewer Connection Fee per ResoluCip� No. 2017-09, and as foll�ws: a} The Heartland Heigh#s Third Additian {including a proportional area of Outlot C— Basin 1) is 23•45 Acres (21.�4 Acr�s in the 3�d Addition &�.61 Acres af Outlot C- Basin 1). b) The 2Q22 Sanitary Sewer Cot�n�ction fee is approximateiy $1,211.93 per Acr�, estabCishing an overall Sanitary Sewer Connection Fee {in 2022 dollars) of $2$,419.76 for the Hearfiland Heights Third Addition. c} The 2(322 Sanitery 5ew�r Connection Fee shal! be $526.29 per Lot for the Single-Family Lots and the Multi-Family E.ots (LOt 118 tlirota�h Lot 171 al) inclusive). d) These Sanitary Sewer Connectian Fees shall be adjusted an»uaily, starting in January of 2t�23, bas�d upon the interest rates that the CITY is paying on #he Phase 1 Sanitary Sewer Extensian Proj�ct and on the Phase 2 Sanitary Sewer Extension Praject. 21. THAT lJPON 7HE DEVELOPER'S SALE OF EACH INDIV1DUAl VACANT LOT WITHIN THE HEARTLAND NEIGHTS TWIRD ADDITION, �R !F THE DEVELaPER DOES NOT 5ELL 7HE LOT(S), TNEN PRIOR TO THE ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WlTHIN THE HEARTLAND HEIGHTS TH1RD ADDITiON, the DEVELOPER shall pay the CITY the Water Main Connection Fee per Resolution No. 2017-Q$, and as follows: a} The H�artland Heights Ti�ird Addition (including a proportional area of Outlot C— Basin 1j is 23,�� A�res (i�.•84 Acr�s in fihe 3'a Addition & 1.61 Acr�s of Outlot C- Basin 1). b} Th� 2#�22 Water Nlain Connection Fees is approximately $806.4�1 per Acre, establishing an overail Water Main Connection Fee of $18,900.93 for Hearklanci Heights Third Addition. cj The 2022 Water Main Connectian Fee shall be $350.02 per Lot for the Single-Family Lots and the Multi-Fami(y Lots {Lot �1� thrc�ugh i.ot 1i1. ail inclusivej. d) These Water Main Connectian �ees shal! be aclJusted annually, starting in January of 2023, based upon the Consumer Price Index (CPI) established in lanuary each calendar Year. 22. FflR EACH BUILDING PERMIT IS5UED in the Heartland Heights Third Addition, the DEVELOPER shail owe / pay to the CITY the following Participation Costs in the future 80"' Street Improvement Projects: a) Single-Family Lots (Total of 49 L�pts} -$1,65Q.36 �er l.ot in 20�2. b) M�altiple-Family L.ots �Tota[ of 5 I:ots} -$2,711.31 per l.c�t in 2i122. c) These P�rticipation Gos#s in th� future 8�`" Street Improve€nent Projects shaH be adjusted �nnually, starting: in Jar�uery of 2i723, based upc�n the annual inflation rate as determined by the Consumer Pric� Inctex (CPI� as reported in lanuary c�fi each year (Deceml�er CPI of the previous year to the December GP1 af the current year). d) All other portions of Condition No. 20 ofthe Heartland Heights Subdivision Preliminary Plat Acceptance of Canditions, Resolution No. 2016-43 shall apply to these 80t'' Street improvement participatian costs by the DEVELOPER. {MISCELLANEOU5} 23. The DEVEI.OPER and any cantractor or other agent employed by the DEVELOPER shali provide insurance as reasonably required by the CiTY when working within the public rights-of-way. 24. The DEVELOPER shall be responsible for the maintenance (including snow removal}, repair, and replacement of all 5' wide sidewalks and sidewalk pedestrian ramps located within the pub►ic streets rights-of-way adjacent to each Lot within the PLAT. 25. Access to Lats 118 and 129 shall be restricted to Lot B(Bridgewood Drive) only. These two Lots shaH not have direct access to Lot A(Beverly Road), 26. Access to Lots 130 and 145 shall be restricted to Lot C(Cardinal Drive} only. These two Lots shall not have direct access to Lot A(Beverly Road). 27. Access to Lots 146 and 159 shall be restricted to Lot Q(Deerfield Drive} only. These two Lots shall not have direct access to Lot A{Beverly Road). 28. Access to Lots 160 and 171 shal! be restricted ta Lot E(Eagleview Drive) only. These two Lots shall not have direct access to Lot A(Beverly Road). 29. There shall be no parking alang either side of Lot A(Beverly Road}, 30, i'he DEVELOPER shall own and maintain the storm water drainage swale located within the 10' Private Drainage Easement, which shall convey the 100-year storm event overland through the back of Lot 119 through Lot 122. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 31. The DEVELOPER shall own and maintain the storm water drainage swale located within the 15' Private Drainage Easement, which shall convey the 100-year storm event overland through the back of Lot 123 through Lot 128, and through the back of Lot 131 through Lot 137. 7he DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 32. The DEVELOPER shall own and maintain the storm water drainage swale located within the 15' Private Drainage Easement, which shall convey the 100-year storm event overland through the back of lot 138 through Lot 144, and thraugh the back of Lot 147 thraugh Lot 152. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 33. The DEVELOPER shall own and maintain the storm water drainage swaie located within the 15' Private Drainage Easement, which shall convey the 100-year storm event overland through the back of Lot 153 through Lot 158, and through the back of Lot 161 through Lot 165. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 34. The DEVELOPER shall own and maintain the storm water drainage swale located within the 7.5' Private Drainage Easement, which shall convey the 100-year storm event overland through the back of Lot 166 through Lat 170. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 35. 7he City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm manholes) located within the 20' Storm Sewer Easements located along the sides of Lats 134, 135, 140, 141, 150, 151, 154, 155, 163, 164, 167, and 168. The DEVELOPER shall a(low the CITY and the CITY's representative access to these public storm sewer facilities to maintain, repair and reconstruct these storm sewer facilities. 36. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or ciaims for damages that may arise or accrue as a result of City Council approval af this Agreement. 37. This A�reement sh�il be binding upcin tfie parties h�reta �nd their h�irs, successors, �r�d assigns, and the sale by ihe I��VEI.pp�R j ou�,ner �of aI1 or any part of said Lot 118 through Lot 171 all inclusive, shall transf�r obii�at�ons of the ��VELa:PEFi fio the successc�r in interest. 38. If enforcement of this agreement g�es to court, the prevailing party may recover attorney's fees fr�m the other party. Dated: June 28, 2022 IOWA LOT DEVELOPMENT, L�C -'�t��t�__� ,��'�t�� Shane A. Schrader, Member—Manager �.... Bruce G. Sevig, Member— Manag� STATE OF IOWA, COUNTY OF IINN) This instrument was acknowledged before me on this 28"' day of June, 2022 by Shane A. Schrader, Member - Manager of lowa Lot Development, LLC and by Bruce G. Sevig, Member — Manager of lowa Lot Development, LLC � JANELLE M. SCHMi�'� � � Commission Number 183709 b a p My��i��►Ssl��v� � Dated: �;-�o , 2022 CITY OF FAIRFAX, IOWA r,,...r' " �°'�� -�--� .._ Burnell G. Frieden, Mayar S7ATE OF I�WA, COUNTY OF LINN) Natia Pubiic in and for the State of lowa (',,i-t This instrument was acknowledged before me an this �_r� day af� �-1.-� , 2022 by Burnell G. Frieden, Mayor af the City of Fairfax, lowa. ( � . I�l.'-�. �j;1�'¢.��''`��.�-�t/ Notary Public in and for the State af lowa �, � Rosekrqns �.� �� a� EXN1BlT "R" H��RT[.Ai�C7 HEIGHTS TNIi�D ADp1Tl(J�l iN THE C(TY OF �AlRFAX, UN�! CC}UNTY, It�WA is t�tat part of the Sout��asi Givart�r ofi Secti�n 4, Tawn�hip 8� �lor#h, R�nc�e 8 West of th� 5th P.M., City of Fairf�x, L.ir�n Cr�unty, lowa, describ�d as fallaws: Seginning at a Na�thw�sterly point of Lot B, Heartland �leights Firsi Addition in the City of �'airfiax, Linn County, (ciwa and said paint is on the Nor�herly right-of way line of Beverly R��d, the pra�eeding �ight courses and distances follow the exterior boundary of said Heartland Heights First Addition: �hence South 29° 14' 24" West 80.00 feet to the Northwest corner of Lot 25 of said First Aci�ition; t�ence South 22° 48' 21" West 176.62 feet to a paint an the West line of Lot 26 of said First Addition; thence South 01 ° 55' 48 East 262.15 feet to the Southwest carner of Lot 28 of said First Addition; thence South 88° 04' 12" West 434.08 feet to the Northwest corner of Lot 44 of said First Addition; thence Nor�h 01 ° 47' 09" West 4.80 feet; thence South 88° 05' 31" West 205.00 �eet to the Northwest corner of Lot 45 of said First Addition; th�nce Narth 01 ° 47' 09" West 36.9Q feet to the Northeast corner of Lot 52 of said First Ad�#ition; thence South 88° 12' S1" West 700.00 feet to the Northwest corner of Lot 59 of said First Addition; thence Norih 01 ° 47' 09" West 703.67 feet; thence North 88° 25' 42° East 882.71 feet to the beginning of a 570.00 foot radius curve concave Southwesterly; thence So��theasterEy through a centra( �r�gl� of 30° 48' 42", an arc distance of 306.53 feet (chord bearing �outh 76° 09' 57" East 3Q2.85 feet); thence South 60° 45' 36" East 325.34 fest to the point of beginning, containing 21.84 acres subject to covenants, easements and restrictions of record. For the purpt�se �f tl�is description, the Nt��fh line of Heartiand �(eights First Addition alang the Rlorfh s�de o� Lots 52, 53, �8 and 59 of said First Ad�it[on is assumed to bear South 88° 12' 51 " West. 1RREVOCABLE STAiVDBY LETTER QF CREDIT Letter of Cradit Number: 80243 Amount: U.S. $ 90.,739.28 (ninety four thousand seven hundred and #hirty nine dollars and twenty eight cents U.S. DOLLARS) This Letter ot Credit is issued on June 28, 2022 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as fol lows: APPLiCANT: IDWA LOT DEVELOPMENT LLC Entity Type: Limited Liability Company 300 Highway 151 E Walford, IA 52351 BENEFICIARY: CITY OF FAIRFAX Entity Type: Other Pp Box 337 Fairtax, IA 62228 ISSUER: FAIRFAX STATE SAVINGS BANK 409 Vanderbilt St p0 Box 277 Feirtax, IA 52228-0277 1. LET7ER OE CREDIT. Issuer establishas this Irrevocable Standby Letter of Credit iLetter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Oraft shall be signed on behalf of Beneficiary and be marked "Drawn under FAIRFAX STATE SAVINGS BANK Letter of Credlt No. 80243 dated June 28, 2022," Drafts must be presented at Issuer's address shown above on or bePore the Expiration �ate. The presentation of any Draft shall reduce the Amount availabie under this Letter of Ctedit by the amGunt of the draft. This Letter of Credit seis forth in full the terms of Issuar's obligation to 6eneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be refated. This �etter of Credit expires on the Expiratfon �ate. 2. DRAWINGS: Beneficiary shall be permittad to make muitiple drawings on this Letter of Credit, The maximum number of drawings that may be mada on this Letter qi Ccedit is 10. "DrafY' means a drsft drawn at sight. 3. DOCUMEN7S. Each Draft must ba aocompanied by the following, in origina! end two copies except as stated: A. A sight draft drawn by Beneficiary on Issuer. Issuer shall be entiiled to accept a draft and the documentation described above, as req�ired by the terms of this Letter of Credit, from any person purparting to be an authorized afficer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify tha identity or authority of ths person presenting the draft and such documentation. 4. SPECIAL INS7RUCTIONS. ALL REQUESTS FOR DRAWS ON LETTER OF CREDIT TO 6E SIGNED BY THE MAYOR OF THE CITY OF �AIRFAX, IA 5. EXPIRATION DATE. 7his Letter of Credit explres at tho ciose of business at Issuer's address at 4:00 PM Central Time (7ime) on June 28, 2023 {Date�. Issuer agreas to honor all Drafts presented in strict compliance with the provis(ons of this Letter of Credlt on or before the Expiration Date. 6, NON-TRANSFERABIE. This Letter of Credit is not transfera6le. 7. APPLICABIE LAW, This Lettor of Credit is qoverned by ihe Intemational Standby Practices 1998 {ISP96). This Letter of Cradit is also govemod by ihe laws of (OWA, except as those laws conflict with the Internationel Standby Practices 1998 (ISP98�. ISSUERa FAIRFAX STRTE SAVINGS BANK Qy � �� Qate � �� John ' uiskernp, Sr, Vice Pr�sid nt IOWA LOT DEVELOPMENT, L.LC. Stand6y Letter Ot Crodit IA/4XXTBARRE00000000002796034N Wolters Kluwer Financial Services m1996, 2022 Bankers Systems7" Page 1 � O O � � � � M � O O o0 �-i �f1 fY1 O Z v-� c}' N � }W-- i/T t/? i/} X La.i o \ \ O Q O I— O O O � �5 u't Q � F- tJ O O �r1 O O tD w v1 O Oi � � O c�-1 a.�� H � 2 _ � � f- 00 N � Z Q � � c v � .a Q "� C f9 iC � 3 �-� W U.1 J � _ H Y+ � �c G ,{d � z � @ Q � X o�n � °_ a v �v u � m s � ? °�' .��' � v L � � — tJ U W a C � F S l.) (,� O O O �I N N N �i � W d' W m h W tn f� e-t KJ} t1T� O r`� F- N 01 M h 'Cr Cl i/i 'r C 7 O � Q f0 O H IRREVOCABLE STANDBY LETTER OF CREDI7 Letter of Credit Number: 80242 AmounL U.S. S 1,989,607.20 (one million nine hundred and eiphty nine thousand six hundred and seven dollars and twenty cents U.S. DOLLARS) This Letter of Credit is issued on June 28, 2022 by issuer in favor of ihe Baneficiary for the account oi Applicant. The parties' names and their addresses are as follows: APPLICANi: IOWA LQ7 DEVELOPMENT LLC Entity Type: Limited Liability Company 300 Hi�hway 151 E Waiford, IA 52351 BENEFICIARY: CITY OF FAIRFAX Entity Typa; Other PO 8ox 337 FalrPax, IA 52228 3SSUER: FAIfiFAX STATE SRVINGS BANK 409 Vanderbiit St PO Box 277 Fairfax, IA 52228-0277 1. LE'fTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (l.etter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credii with a Draft �or drafts, if the maximum number of drawings is greater than one). Each Draft shali 6e signad on behalf of Beneficiary and be marked "Drawn under FAIRFAX STATE SAVINGS BANK l.etter of Credit No. 80242 dated June 28, 2022." Drafts must be presentad at Issuer's address shown above on or 6efore the Expiration Date. The presentation of any Draft shall reduce the Amount availabie under ihis Latter of Credit by the amount of the dratt. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. pRAWINGS. Beneficiary shall be permitted to make multiple drawings on this letter of Credit. The maximum numbar of drawings that may be made on this Letter of Credit is 10. "DrafY' means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in originai and two copies except as stated: q. A sight dreft drawn by Beneficiary on Issuer. Issuer shall be entitled to accept a draft and the documentation descrihed above, as required 6y the terms of th(s Letter of Credit, from any person purporting to be an authorized officer or rapresentative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. SPECIAL INSTRUCTIONS. ALl REQUESTS FOR DflAWS ON LETTER OF CREDIT TO BE SIGNED BY THE MAYOR OF THE CITY OF FAIRFAX, IA 5. EXPIRATION DATE, This Letter of Credit expires at the close of business at Issuer's address at 4:Q0 PM Central Time (7ima) on June 28, 2023 �Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Cradit on or before the Expiration Date. 6. NON-TRANSFERABLE. This Letter of Cradit is �ot transferable. 7. APPLICABLE LAW. This Letter of Credit is governed by the International Standby Practices 1998 (ISP9B). This Letter of Cradit is aiso governed by the (ews of IOWA, except as thosa laws conflict with the I�ternational Standby Practices 1998 (ISP98). ISSUER: FAIRPAX STATE SAVINGS BANK �Y � �� Uate �'�� John iuisk�mp, Sr. Vice Presl t fOWA L07 DEVELOPMEN7, L.L.C. Standby Letter Of Crodit IA/4XXTBAtiRE000000000Q2795Q36N Wolters Kluwer Financial Services �1998, 2022 8ankars Systems'"' Page 1 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Item SANITARY SEWER Sanitary Sewer Manhole 8" Sanitary Sewer Sanitay sewer service WATER Fire Hydrant 8" Gate Valve 12" Gate Vaive 8" PVC Water Main 12" PVC Water Main Water Service Reinstall elowoff Assembiy STQRM SEWER RearYard Intake Single Open Throat Intake Double Open Throat Intake 15" Storm Sewer 18" Storm Sewer 21" Storm Sewer 24" Storm Sewer 30" Storm Sewer 36" Storm Sewer 5ubdrain Cleanout 6" Subdrain 6" Subdrain outlet PAVlNG 23 GranularSubbase 2G 7" PCC Paving 25 8" PCC Paving GRADING & EROSION CONTRQL 26 Finish Grading & Backfiliing Curbs 27 Seedtng 28 Erosion Controi MISCEILAfYEOUS 29 Gas Service per lot 30 Mnbilization C�t Unit 2 EA 525 LF 10 EA 7 EA 8 EA 4 EA 1916 LF 880 LF 42 EA 3 EA 2 EA 5 EA 11 EA 618 LF 729 LF 342 LF 679 LF 185 LF 157 LF 25 EA 5914 LF 2 EA 15,8p0 5Y 6,391 SY 7,939 SY 1 LS 21 AC 1 i.S 54 EA 1 LS Un�t Price Exter�r3ed Price $3,20Q.00 $6,400.0� $44.40 $23,100.00 $1,100.00 $11,000.00 $6,SOD.00 $2,3Qq.00 $2,800.00 $40.Q0 $48.00 $1,500.00 $600.00 $45,500.00 $18,400.00 $11,200.00 $76,640.00 $42,240.00 $63,0OO.OQ $1,800.00 $3,500.00 $4,�OO.DO $4,500.00 $45.00 $5D.00 $�s.oa $60.00 $80.0� $90.00 $SOO.od $14.OQ $300.�� $7,OOO.dO $20,000.00 $49,500.00 $27,810.00 $36,d50.00 S1a,sio.00 $40,740.00 $14,800.00 $14,130.00 $12,SQ0.00 $82,796.00 $600.00 $8.50 $134,30Q.00 $50.00 $319,554.00 $b0.00 $476,340.00 $zo,000.00 $zo,aoo.00 $1,200.00 $25,200.00 $5,000.00 $5,d00.00 $8Q0.00 $43,200.00 S1o,000.00 $so,000.00 t hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of lowa. Executed in Cedar Rapids, lowa, this 20th day of June, 2022. `4;j1N1i41r�)t/I e t{� �r,\� �`/F . ✓'K..71 '✓ Y !( ) � A4< ��NH47IIi1 ; I{jTi 4•i � C >._, w°l. `� ti t� tis � 4;;� .ii_iry; A"s'.,i T,; .�;,,.;;.�;: �;;;� Jed Schnoor, PE No. 19241 �w '�x, ``'2 ' ;� My license renewal date is December 31, 2022 �V�� A�Nili�ti�i�yt'��\�^ '��+��1�49 Ta�yj4�#